1973 Revised Code of Washington Supplement part 1: Titles 1 through 44
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REVISED CODE
of
WASHINGTON
1973 SUPPLEMENT
Published by the Statute Law Committee under
authority of Chapter 1.08 RCW
Iil
REVISED CODE OF WASHINGTON
1973 SUPPLEMENT
I. EXPLANATORY NOTE
Scope of Supplement. This supplement contains laws enacted at the 1973 regular and first and second
extraordinary legislative sessions and measures adopted at the state general elections held in 1972 and
1973.
Removal of pages from loose leaf code. The material contained in the loose leaf 1972 general election
supplement has been incorporated into this supplement. The 1972 general election supplement appears on yellow pages in your code and should be removed. Do not remove any green pages or any
other material from your code.
Index. The 1961 looseleaf index and its supplementary pamphlet have been combined, updated, and
republished in two volumes supplied herewith. The new consolidated index constitutes a general index
of all the laws to date and supersedes all prior indexes.
Rules of Court. The Rules of Court and Rules for Courts of Limited Jurisdiction have been supplemented and distributed under separate cover.
II. TABLE OF CONTENTS
mstitution of the State of Washington.
tles 1 through 91
. . . . . . . . . . .. begins page
1
...................................................... begins page
7
trallel tables
. begins page 811
III. CERTIFICATE
This supplement, published officially by the Statute Law Committee, is, in accordance with the
ovisions of RCW 1.08.037, certified to comply with the current specifications of the committee.
(signed)
ROBERT L. CHARETTE, Chairman,
STATUTE LAW COMMITTEE.
[ii]
CONSTITUTION OF THE STATE OF WASHINGTON
AMENDMENT 56
--------------------------------------------------------------------------------------CONSTITUTION OF THE STATE OF WASHINGTON
Art.
2 § 24
Art.
7 §
2
Art.
8 §
1
Art.
8 §
3
Art. 11 §
5
Art. 11 §
8
Art. 11 § 16
Art. 31
§
§
2
LOTTERIES AND DIVORCE.
See
2§, infra.
LIMITATION ON LEVIES.
See
A~~MENT 22 and A~]NDM]!!
59, infra.
STATE DEBT.
See !~]NDn]!!
60, infra.
SPECIAL INDEBTEDNESS, HOW
AUTHORIZED.
See A~]N~~]!I
§Q, infra.
COUNTY GOVERNMENT.
See
A~]NDMENT 22• infra.
SALARIES AND LIMITATIONS AFFECTING. See A~]!~ME!I 22,
infra.
COMBINED CITY-COUNTY.
See
!~JND~]!I 2~. infra.
SEX EQUALITY--RIGHTS AND
RESPONSIBILITIES.
EQUALITY NOT DENIED BECAUSE
OF SEX.
See !~]!~]NT §1,
infra.
ENFORCEMENT POWER OF LEGISLATURE.
See !~]!~~]!! §1,
infra.
!]]ND~~BI
CONSTITUTIONAL AMENDMENTS
(In Order of Adoption)
AMENDMENT 55
Article VII, section 2.
LIMITATION ON
LEVIES.
Except as hereinafter provided
and notwithstanding any other provision of
this Constitution,
the aggregate of all
tax levies upon real and personal property
by the state and all taxing districts now
existing or hereafter created, shall not
in any year exceed one per centum of the
true and fair value of such property in
money:
PROVIDED, HOWEVER, That nothing
herein shall prevent levies at the rates
now provided by law by or for any port or
public utility district. The term "taxing
district" for the purposes of this section
shall mean any political
subdivision,
municipal corporation, district, or other
governmental agency authorized by law to
levy, or have levied for it, ad valorem
taxes on property, other than a port or
public utility district. Such aggregate
limitation or any specific
limitation
imposed by law in conformity therewith may
be exceeded only
(a)
By any taxing district when specifically authorized so to do by a majority
of at least three-fifths of the electors
thereof voting on the proposition to levy
such additional tax submitted not more
than twelve months prior to the date on
which the proposed levy is to be made and
not oftener than twice in such twelve
month period, either at a special election
or at the regular election of such taxing
district, at which election the number of
1973 RCW SUPP.
persons voting on the proposition shall
constitute not less than forty per centum
of the total number of votes cast in such
taxing district at the last preceding
general election;
(b)
By any taxing district otherwise
authorized by law to issue general obligation bonds for capital purposes, for the
sole purpose of making the required payments of principal and interest on general
obligation bonds issued solely for capital
purposes, other than the replacement of
equipment, when authorized so to do by
majority of at least three-fifths of the
electors thereof voting on the proposition
to
issue such bonds and to pay the
principal and interest thereon by
an
annual tax levy in excess of the limitation herein provided during the term of
such bonds,
submitted not oftener than
twice in any calendar year, at an election
held in the manner provided by law for
bond elections in such taxing district, at
which election the total number of persons
voting on the proposition shall constitute
not less than forty per centum of the
total number of votes cast in such taxing
district at the last preceding general
election:
PROVIDED, That any such taxing
district shall have the right by vote of
its governing body to refund any general
obligation bonds of said district issued
for capital purposes only, and to provide
for the interest thereon and amortization
thereof by annual levies in excess of the
tax limitation provided for herein, AND
PROVIDED FURTHER, That the provisions of
this section shall also be subject to the
limitations contained in Article VIII,
section 6, of this constitution;
(c)
By the state or any taxing district
for the purpose of paying the principal or
interest on general obligation bonds outstanding on December 6, 1934; or for the
purpose of preventing the impairment of
the obligation of a contract when ordered
so to do by a court of last resort.
[1971
Senate Joint Resolution No. 1.
Approved
November 7, 1972.]
li2i~~
Art. 7 § 2 was also amended at
the November 7, 1972 general election by
Amendment 59. (HJR 47.)
Prior amendment of Art. 7 § 2, see
Amendment 17.
AMENDMENT 56
Article II, section 24. LOTTERIES AND
DIVORCE.
The legislature shall
never
grant any divorce.
Lotteries shall be
prohibited except as specifically authorized upon the affirmative vote of sixty
percent of the members of each house of
the legislature or, notwithstanding any
other provision of this constitution,
by
referendum or initiative approved by a
sixty percent affirmative vote of the
electors voting thereon.
[1971
Senate
[ 1 ]
A!!ENDMENT 56
CONSTITUTION OF THE STATE OF WASHINGTON
--------------------------------------------------------------------------------------Joint Resolution No. 5.
7, 1972.]
Approved November
and adoption of a county home rule charter
pursuant to such petition shall apply to a
petition proposed under this section for
the election of freeholders to frame a
city-county charter, the election of freeholders,
and to the framing and adoption
of such city-county charter pursuant to
such petition.
Except as otherwise provided in this section, the provisions of
section 4 applicable to a county home rule
charter shall apply to a
city-county
charter. If there are not sufficient legal
newspapers published in the county to meet
the requirements for publication of a
proposed charter under section 4 of this
Article, publication in a legal newspaper
circulated in the county may be substituted for publication in a legal newspaper
published in the county.
No such "citycounty"
shall be formed except by a
majority vote of the qualified electors
voting thereon in the county. The charter
shall designate the respective officers of
such city-county who shall perform the
duties imposed by law upon county officers.
Every such city-county shall have
and enjoy all rights, powers and privileges asserted in its charter, and in addition thereto, such rights, powers and
privileges as may be granted to it, or to
any city or county or class or classes of
cities and counties.
In the event of a
conflict in the constitutional prov1s1ons
applying to cities and those applying to
counties or of a conflict in the general
laws applying to cities and those applying
to counties, a city-county shall be authorized to exercise any powers that are
granted to either the cities or
the
counties.
No legislative .enactment which is a prohibition or restriction shall apply to the
rights, powers and privileges of a citycounty unless such prohibition or restriction shall apply equally to every other
city, county, and city-county.
The provisions of sections 2, 3,
5, 6,
and 8 and of the first paragraph of
section 4 of this Article shall not apply
to any such city-county.
Municipal corporations may be retained
or otherwise provided for within the citycounty. The formation, powers and duties
of such municipal corporations shall be
prescribed by the charter.
AMENDMENT 57
Article XI, section 5.
COUNTY GOVERNMENT.
The legislature, by general and
uniform laws, shall provide for the election in the several counties of boards of
county commissioners, sheriffs,
county
clerks,
treasurers, prosecuting attorneys
and other county, township or precinct and
district officers, as public convenience
may require, and shall prescribe their
duties,
and fix their terms of office:
PROVIDED, That the legislature may, by
general laws, classify the counties by
population and provide for the election in
certain classes of counties certain officers who shall exercise the powers and
perform the duties of two or more officers. It shall regulate the compensation
of all such officers, in proportion to
their duties, and for that purpose may
classify the counties by population: PROVIDED, That it may delegate to the legislative authority of the counties the right
to prescribe the salaries of its own
members and the salaries of other county
offic·ers.
And it shall provide for the
strict accountability of such officers for
all fees which may be collected by them
and for all public moneys which may be
paid to them, or officially come into
their possession.
~rticle XI,
section 8.
SALARIES AND
LIMITATIONS AFFECTING. The salary of any
county, city, town, or municipal officers
shall not be increased except as provided
in section 1 of Article XXX or diminished
after his election, or during his term of
office; nor shall the term of any such
officer be extended beyond the period for
which he is elected or appointed. (1971
Senate Joint Resolution No. 38.
Approved
November 7, 1972. ]
Prior amendment
Amendment 12.
of
Art.
11
§
5, see
AMENDMENT 58
Article XI, section 16. COMBINED CITYCOUNTY.
Any county may frame a "Home
Rule" charter subject to the constitution
and laws of this state to provide for the
formation and government of combined city
and county municipal corporations, each of
which shall be known as "city-county".
Registered voters equal in number to ten
(10)
percent of the voters of any such
county voting at the last preceding general election may at any time propose by a
petition the calling of an election of
freeholders.
The provisions of section 4
of this Article with respect to a petition
calling for an election of freeholders to
frame a county home rule charter, the
election of freeholders, and the framing
(
No city-county shall for any purpose
become indebted in any manner to an amount
exceeding three per centum of the taxable
property in such city-county wi~hout the
assent of three-fifths of the
voters
therein voting at an election to be held
for that purpose, nor in cases requ1r1ng
such assent shall the total indebtedness
at any time exceed ten per centum of the
value of the taxable property therein, to
be ascertained by the last assessment for
city-county purposes previous to the incurring of such indebtedness:
PROVIDED,
That no part of the indebtedness allowed
in this section shall be incurred for any
purpose other than strictly city-county or
2
CONSTITUTION OF THE STATE OF WASHINGTON
AMENDMENT 59
--------------------------------------------------------------------------------------other municipal purposes: PROVIDED FURTHER, That any city-county, with such
assent may be allowed to become indebted
to a larger amount, but not exceeding five
per centum additional for supplying such
city-county with water, artificial light,
and sewers, when the works for supplying
such water, light, and sewers shall be
owned and controlled by the city-county.
No municipal corporation which is retained or otherwise provided for within
the city-county shall for any purpose
become indebted in any manner to an amount
exceeding one and one-half per centum of
the taxable property in such municipal
corporation without the assent of threefifths of the voters therein voting at an
election to be held for that purpose, nor
shall the total indebtedness at any time
exceed five per centum of the value of the
taxable property therein, to be ascertained by the last assessment for citycounty purposes previous to the incurring
of such indebtedness:
PROVIDED, That no
part of the indebtedness allowed in this
section shall be incurred for any purpose
other than strictly municipal purposes:
PROVIDED FURTHER, That any such municipal
corporation, with such assent,
may be
allowed to become indebted to a larger
amount, but not exceeding five per centum
additional for supplying 8Uch municipal
corporation with water, artificial light,
and sewers, when the works for supplying
such water, light, and sewers shall be
owned and controlled by the municipal
corporation. All taxes which are levied
and collected within a municipal corporation for a specific purpose shall be
expended
within
that
municipal
corporation.
The authority conferred on the citycounty government shall not be restricted
by the second sentence of Article 7,
section 1, or by Article 8, section 6 of
this
Constitution.
[1971 House Joint
Resolution No. 21. Approved November 7,
1972. ]
Prior amendment
Amendment 23.
of
Art.
11
§ 16, see
AMENDMENT 59
Article VII, section 2. LIMITATION ON
LEVIES. Except as hereinafter provided
and notwithstanding any other provision of
this Constitution, the aggregate of all
tax levies upon real and personal property
by the state and all taxing districts now
existing or hereafter created, shall not
in any year exceed forty mills on the
dollar of assessed valuation, which assessed valuation shall be fifty per centum
of
the true and fair value of such
property in money:
PROVIDED, HOWEVER,
That nothing herein shall prevent levies
at the rates now provided by law by or for
any port or public utility district. The
term "taxing district" for the purposes of
this section shall mean any political
1973 RCW SUPP.
subdivision, municipal corporation,
district, or other governmental agency authorized by law to levy, or have levied for
it, ad valorem taxes on proper~y, ot~er
than a port or public utility district.
Such aggregate limitation or any specific
limitation imposed by law in conformity
therewith may be exceeded only
{a)
By any taxing district when specifically authorized so to do by a majority
of at least three-fifths of the electors
thereof voting on the proposition to levy
such additional tax submitted not more
than twelve months prior to the date on
which the proposed levy is to be made and
not oftener than twice in such twelve
month period, either at a special election
or at the regular election of such taxing
district, at which election the number of
persons voting "yes" on the proposition
shall constitute three-fifths of a number
equal to forty per centum of the total
votes cast in such taxing district at the
last preceding general election when the
number of electors voting on the proposition does not exceed forty per centum of
the total votes cast in such
taxing
district in the last preceding general
election; or by a majority of at least
three-fifths of the electors thereof voting on the proposition to levy when the
number of electors voting on the proposition exceeds forty per centum of the total
votes cast in such taxing district in the
last preceding general election;
(b)
By any taxing district otherwise
authorized by law to issue general obligation bonds for capital purposes, for the
sole purpose of making the required payments of principal and interest on general
obligation bonds issued solely for capital
purposes, other than the replacement of
equipment, when authorized so to do by
majority of at least three-fifths of th~
electors thereof voting on the proposition
to
issue 9uch bonds and to pay the
principal and interest thereon by
an
annual tax levy in excess of ~he limitation herein provided during the term of
such bonds, submitted not oftener than
twice in any calendar year, at an election
held in the manner provided by law for
bond elections in such taxing district, at
which election the total number of persons
voting on the proposition shall constitute
not less than forty per centum of the
total number of vo~es cast in such taxing
district at the last preceding general
election: PROVIDED, That any such taxing
district shall have the right by vote of
its governing body to refund any general
obligation bonds of said district issued
for capital purposes only, and to provide
for the interest thereon and amortization
thereof by annual levies in excess of the
tax limitation provided for herein, AND
PROVIDED FURTHER, That the provisions of
this section shall also be subject to the
limitations contained in Article VIII,
section 6, of this Constitution;
(c)
By the state or any taxing district
for the purpose of paying the principal or
[ 3 ]
lPIENDMENT 59
CONSTITUTION OF THE STATE OF WASHINGTON
----------------------------------------------------------interest on general obligation bonds outstanding on December 6, 1934; or for the
purpose of preventing the impairment of
the obligation of a contract when ordered
so to do by a court of last resort.
[1971
House Joint Resolution No. 47.
Approved
November 7, 197 2. ]
~2!~ Art. 7 § 2 was also amended at the
November
7.
1972 general election by
Amendment 55 (SJR 1).
1971
HJR No.
47
contained the following paragraph:
"BE IT FURTHER RESOLVED, That the foregoing amendment shall be submitted to the
qualified electors of the state in such a
manner that they may vote for or against
it separately from the proposed amendment
to Article VII, section 2, (Amendment 17)
of the Constitution of the State
of
washington contained in Senate Joint Resolution No. 1:
PROVIDED, That if both
proposed amendments are approved and ratified,
both shall become part of
the
Constitution."
Prior amendment
Amendment 17.
of
Art.
7
§
2,
see
AMENDMENT 60
Article VIII, section 1.
STATE DEBT.
(a)
The state may contract debt,
the
principal of which shall be paid and
discharged within thirty years from the
time of contracting thereof, in the manner
set forth herein.
(b)
The aggregate debt contracted by
the state shall not exceed that amount for
which payments of principal and interest
in any fiscal year would require the state
to expend more than nine percent of the
arithmetic mean of its general
state
revenues for the three immediately preceding fiscal years as certified by the
treasurer.
The term "fiscal year" means
that period of time commencing July 1 of
any year and ending on June 30 of the
following year.
(c)
The term "general state revenues"
when used in this section, shall include
all state money received in the treasury
from each and every source whatsoever
except:
( 1)
Fees and revenues derived
from the ownership or operation of any
undertaking,
facility,
or project;
(2)
Moneys received as gifts, grants, donations, aid, or assistance or otherwise
from the United States or any department,
bureau, or corporation thereof, or any
person, firm, or corporation,
public or
private,
when the terms and conditions of
such gift, grant, donation, aid, or assistance require the application and disbursement of such moneys otherwise than
for the general purposes of the state of
washington; (3)
Moneys to be paid into
and received from retirement system funds,
and performance bonds and deposits;
(4)
Moneys to be paid into and received from
trust funds including but not limited to
moneys received from taxes levied for
[ 4
specific purposes and the several permanent and irreducible funds of the state
and the moneys derived therefrom
but
excluding bond redemption funds; (5)
Proceeds received from the sale of bonds or
other evidences of indebtedness.
(d)
In computing the amount required
for payment of principal and interest on
outstanding debt under this section, debt
shall be construed to mean borrowed money
represented by bonds, notes, or other
evidences of indebtedness which are secured by the full faith and credit of the
state
or are required to be repaid,
directly or indirectly, from general state
revenues and which are incurred by the
state, any department,
authority,
public
corporation,
or quasi public corporation
of the state,
any state university or
college, or any other public agency created by the state but not by counties,
cities, towns, school districts, or other
municipal corporations, but shall
not
include obligations for the payment of
current expenses of state government, nor
shall it include debt hereafter incurred
pursuant to section 3 of this Article,
obligations guaranteed as provided for in
subsection (f) of this section, principal
of bond anticipation notes or obligations
issued to fund or refund the indebtedness
of
the
Washington
state
building
authority.
(e)
The state may, without limitation,
fund or refund, at or prior to maturity,
the whole or any part of any existing debt
or of any debt hereafter contracted pursuant to section 1, section 2, or section 3
of this Article, including any premium
payable with respect thereto and interest
thereon, or fund or refund, at or prior to
maturity, the whole or any part of any
indebtedness incurred or authorized prior
to the effective date of this amendment by
any entity of the type described
in
subsection
(g) of this section, including
any premium payable with respect thereto
and any interest thereon. such funding or
refunding shall not be deemed to
be
contracting debt by the state.
(f)
Notwithstanding the limitation contained in subsection (b) of this section,
the state may pledge its full faith,
credit, and taxing power to guarantee the
payment of any obligation payable from
revenues received from any of the following sources:
(1)
Fees collected by the
state as license fees for motor vehicles;
(2)
Excise taxes collected by the state
on the sale, distribution or use of motor
vehicle fuel; and ( 3)
Interest on the
permanent common school fund:
PROVIDED,
That the legislature shall, at all times,
provide
sufficient revenues from such
sources to pay the principal and interest
due on all obligations for which said
source of revenue is pledged.
(g)
No money shall be paid from funds
in custody of the treasurer with respect
to any debt contracted after the effective
date of this amendment by the Washington
state
building authority, the capitol
AMENDMENT 61
CONSTITUTION OF THE STATE OF WASHINGTON
--------------------------------------------------------------------------------------committee, or any similar entity existing
or operating for similar purposes pursuant
to which such entity undertakes to finance
or provide a facility for use or occupancy
by the state or any agency. department, or
instrumentality thereof.
(h)
The legislature shall prescribe all
matters relating to the contracting, funding or refunding of debt pursuant to this
section,
including:
The purposes for
which debt may be contracted; by a favorable vote of three-fifths of the members
elected to each house, the amount of debt
which may be contracted for any class of
such purposes; the kinds of notes, bonds,
or other evidences of debt which may be
issued by the state; and the manner by
which the treasurer shall determine and
advise the legislature,
any appropriate
agency, officer, or instrumentality of the
state as to the available debt capacity
within the limitation set forth in this
section. The legislature may delegate to
any state officer, agency, or instrumentality any of its powers relating to the
contracting,
funding or refunding of debt
pursuant to this section except its power
to determine the amount and purposes for
which debt may be contracted.
(i)
The full faith, credit, and taxing
power of the state of Washington are
pledged to the payment of the debt created
on behalf of the state pursuant to this
section and the legislature shall provide
by appropriation for the payment of the
interest upon and installments of principal of all such debt as the same falls
due, but in any event, any court of record
may compel such payment.
(j)
Notwithstanding
the
limitations
contained in subsection (b) of this section,
the state may issue certificates of
indebtedness in such sum or sums as may be
necessary to meet temporary deficiencies
of the treasury,
to preserve the best
interests of the state in the conduct of
the various state institutions, departments, bureaus, and agencies during each
fiscal year;
such certificates may be
issued only to provide for appropriations
already made by the legislature and such
certificates must be retired and the debt
discharged other than by refunding within
twelve
months
after
the
date
of
incurrence.
1973 RCW SUPP.
[ 5
(k)
Bonds, notes, or other obligations
issued and sold by the state of Washington
pursuant to and in conformity with this
Article shall not be invalid for any
irregularity or defect in the proceedings
of the issuance or sale thereof and shall
be incontestable in the hands of a bona
fide purchaser or holder thereof.
Article VIII, section 3.
SPECIAL INDEBTEDNESS, HOW AUTHORIZED.
Except the
debt specified in sections one and two of
this Article, no debts shall hereafter be
contracted by, or on behalf of this state,
unless such debt shall be authorized by
law for some single work or object to be
distinctly specified therein. No such law
shall take effect until it shall, at a
general election, or a special election
called for that purpose, have been submitted to the people and have received a
majority of all the votes cast for and
against it at such election. [1971
House
Joint Resolution No. 52. Approved November 7 , 19 7 2. 1
Prior amendment
Amendment 48.
of
Art.
8
§
3,
see
AMENDMENT 61
The constitution was amended
the following new Article:
by
adding
ARTICLE XXXI'
SEX EQUALITY--RIGHTS AND RESPONSIBILITIES and sections 1 and 2 thereof:
Article XXXI, section
1.
EQUALITY NOT
DENIED BECAUSE OF SEX.
Equality of rights
and responsibility under the law shall not
be denied or abridged on account of sex.
Article XXXI, section 2.
ENFORCEMENT
POWER OF LEGISLATURE.
The Legislature
shall have the power to enforce,
by
appropriate legislation, the provisions of
this Article.
[ 1972 House Joint Resolution No. 61.
Approved November 7, 1972.]
tThe name of this Article has been supplied by the reviser.
]
DIGEST OF TITLE
TITLE 2
--------------------------------------------------------------------------------------Chapter 1. 20
GENERAL PROVISIONS
TITLE 1
GENERAL PROVISIONS
1.20.071
§!!TE
~Q!2==gRO~~~~
FROM
All proceeds from the sale of-the
official song of the state as designated
in RCW 1.20.070 shall be placed in the
general fund.
[1973 1st ex.s. c 59 § 1;
1959 c 281 § 2.]
sections added, amended, or repealed:
SA1~~
1.16.050
"Legal holidays".
1.20.071
State song--Proceeds from sale.
~!f.2ctive g~!.~=ll73 1st ex.s.
See note following RCW 43~79.42o~-
£
.2~1.
TITLE 2
COURTS OF RECORD
Chapter 1.08
STATUTE LAW COMMITTEE
Sections added, amended, or repealed:
1.08.027
cross Reference:
Initiative measures,
viser: RCW 29.79.015.
Chapter 1.16
GENERAL DEFINITIONS
2.04.031
2.04.090
court facilities.
Salary--Affidavit.
2.06.060
review by code re-
Salaries--Timely completion of
opinions required.
Judges pro tempore--Appointment--Oath of office.
Judges pro tempore-Remuneration.
2.06.150
1.16.050
~1EGAL
HOLIQ!X§~~
The following are legal holidays:
Sunday;
the
first day of January, commonly called New
Year's Day; the twelfth day of February,
being the anniversary of the birth of
Abraham Lincoln;
the third Monday
of
February, being celebrated as the anniversary of the birth of George Washington;
the thirtieth day of May, commonly known
as Memorial Day; the fourth day of July,
being the anniversary of the Declaration
of Independence; the first ~onday
in
September, to be known as Labor Day; the
second Monday of October, to be known as
columbus Day; the eleventh day of November, to be known as Veterans•
Day; the
fourth Thursday in November, to be known
as Thanksgiving Day; the twenty-fifth day
of December, commonly called Christmas
Day; the day on which any general election
is held throughout the state; and any day
designated by public proclamation of the
chief executive of the state as a legal
holiday.
If any of the above specified state
legal holidays are also federal legal
holidays but observed on different dates,
only the state legal holidays shall be
recognized as a paid legal holiday for
employees of the state and its political
subdivisions.
Whenever any legal holiday, other than
Sunday, falls upon a sunday, the following
Monday shall be a legal holiday.
[1973
2nd ex.s. c 1 § 1; 1969 c 11 § 1; 1955 c
20 § 1; 1927 c 51 § 1; RRS § 61.
Prior:
1895 c 3 § 1; 1891 c 41 § 1; 1888 p 107 §
2.06.160
2.08.061
2.08.063
2.08.065
2.08.090
2.10.080
2. , 0. 150
Funds and securities.
Income of retired judge--Statement--Reduction.
2.12.010
2.12.020
2.12.030
Retirement for service or age.
Retirement for disability.
Amo.unt and time of payment-Surviving spouse's benefit.
Fund, how constituted--Salary
deductions--Aid.
2.12.060
~h~£!.2~ l~1§
[ 7
!e22£ig1i2n 2!
CO~f:!. Q.~Qg§§~
2.16.060
1.]
1973 RCW SUPP.
Judges--King, Spokane, and
Pierce counties.
Judges--Lincoln, Skagit, Walla
Walla, Whitman, Yakima, Adams,
and Whatcom counties.
Judges--Douglas, Grant, Ferry,
Okanogan, Mason, Thurston, Pacific, Wahkiakum, Pend Oreille,
Stevens, san Juan and Island
counties.
Salary.
]
'
§~£~£12~
Expense of attendance.
TITLE 2
COURTS OF RECORD
2.36. 063
Jury list--Electronic data processing random selection
method--Master jury list.
Selection of jurors--Electronic
data processing random selection method.
2.36.093
~hg£1~ l~~l
!n1~£Ig1~I§ !2£ !~paii~£
fg£§Qn§ In!Q!yg£ in
in3..§.!.
2.42.010
2.42.020
2.42.030
2.42.040
2.42.050
tgg~l
PrQ£ged-
Hg~§~£g
No.
See note following RCW 43.03.010.
cross Reference:
Salary schedule for public officials:
See notes following RCW 43.03.010.
2.06.060
SALARIES--TIMELY
£QHf1ETIQ!
OF QR_INIO}§ -REQ!!IRED.!..
judge of the
court shall receive an annual salary of
thirty-one
thousand six hundred fifty
dollars, but no salary warrant shall be
issued to any judge until he shall have
made and filed with the state treasurer an
affidavit that no matter referred to him
for opinion or decision has been uncompleted by him for more than three months.
[Initiative Measure No. 282 § 4;
1973 c
106 § 3; 1972 ex.s. c 100 § 2; 1969 ex.s.
c 221 § 6. ]
-Each
Application to certain
counties.
2.52.010
~g~Qili!Y==Initis!i~
~~
1949
Chapter 2.06
COURT OF APPEALS
Legislative declaration-Intent.
Definitions.
Appointment of interpreters.
Interpreters--Compensation and
expenses--Costs.
Oath.
2.50.030
part; 1907 c 57 § 1, part; Rem. Supp.
§ 11053, part. 1
council created--How
constituted.
~gvers£ili!Y==lnitia!i~
282:
Chapter 2.04
SUPREME COURT
2.04.031
COUR.I FACILI.IIES.
If proper
rooms in which to hold the court, and for
the accommodation of the officers thereof,
are not provided by the state, together
with attendants, furniture, fuel,
lights,
record books and stationery, suitable and
sufficient for the transaction of business, the court, or any three justices
thereof,
may direct the clerk of the
supreme court to provide the same; and the
expense thereof, certified by any three
justices to be correct, shall be paid out
of the state treasury out of any funds
therein not otherwise appropriated.
Such
moneys shall be subject to the order of
the clerk of the supreme court, and be by
him disbursed on proper vouchers,
and
accounted for by him in annual settlements
with the governor. [ 1973 c 106 § 1;
1955
c 38 § 1; 1890 p 322 § 4; RRS § 3.1
2.04.090
SALARY==!ll1Q!YI!.!. Each justice of the supreme court shall receive an
annual salary of thirty-four
thousand
eight hundred twenty-five dollars, but no
salary warrant shall be issued to any
judge of the supreme court until he shall
have made and filed with the state treasurer an affidavit that no matter referred
to him for opinion or decision has been
uncompleted or undecided by him for more
than six months.
[Initiative Measure No.
282 § 3; 1973 c 106 § 2; 1972 ex.s c 100 §
1; 1965 ex.s. c 127 § 1; 1957 c 260 § 1;
1953 c
144 § 1.
Prior:
1949 c 48 § 2,
part; 1947 c 194 § 1, part; 1943 c 50 § 1,
part ; 19 2 1 c 18 8 § 1 , part : 191 9 c 7 7 § 1 ,
H~§~~g
No.
See note following RCW 43.03.010.
cross Reference:
salary schedule for public officials:
see notes following RCW 43.03,010.
2.06.150
~UDGE~
f~Q !~PORE==!ffOI!!=
ME!T--::OATH Ql OFFICE.!.. ( 1)
Whenever necessary
for
the
prompt
and orderly
administration of justice, the chief
justice of the supreme court of the state of
washington may appoint
any
regularly
elected and qualified judge of the superior court or any retired judge of a court
of record in this state to serve as judge
pro tempore of the court of appeals:
PROVIDED,
HOWEVER, That no judge pro
tempore appointed to serve on the court of
appeals may serve more than ninety days in
any one year:
AND PROVIDED FURTHER, That
the court of appeals shall not utilize the
services of judges pro tempore to exceed
two hundred forty court days during any
one year.
(2)
Before entering upon his duties as
judge pro tempore of the court of ~ppeals,
the appointee shall take and subscribe an
oath of office as provided for in Article
IV,
section 28 of the state Constitution.
[1973 c 114 § 1.]
2.06.160
JUDGES PRO TEMPORE--REMUNERATION.!.. (1)
A judge of-a-cou~of--record
serving as a
judge pro tempore of the
court of appeals, as provided in RCW
2.06.150, shall receive,
in addition to
his actual travel expense or ten cents per
mile,
whichever is less, from his residence and in addition his regular salary,
his actual living expenses not to exceed
[ 8 ]
2.08.090
SUPERIOR COURTS
--------------------------------------------------------------------------------------forty dollars per day during his term of
service as judge pro tempore.
(2)
A retired
judge of a court of
record in this state serving as a judge
pro tempore of the court of appeals, as
provided in RCW 2.06.150, shall receive,
in addition to any retirement pay he may
be receiving, the following compensation
and expenses:
(a)
His actual travel expenses or ten
cents per mile, whichever is less, from
his residence and in addition his living
expenses not to exceed forty dollars per
day during his term of service as judge
pro tempore; and
(b)
During the period of his service as
judge pro tempore, he shall receive as
compensation
sixty percent of one-two
hundred and fiftieth of the annual salary
of a court of appeals judge for each day
of service: PROVIDED, HOWEVER, That the
total
amount of combined compensation
received as salary and retirement by any
judge in any calendar year shall not
exceed the yearly salary of a
full-time
judge.
(3)
Whenever a
judge of a court of
record is appointed to serve as judge pro
tempore of the court of appeals and a
visiting judge is assigned to replace him,
the actual travel expenses or ten cents
per mile, whichever is less, from place of
residence and in addition the
living
expenses not to exceed forty dollars per
day incurred by such visiting judge as a
result of such assignment shall be paid
upon application of such judge from the
appropriation of the court of appeals.
(4)
The provisions of RCW 2.06.150 and
2.06.160 shall not be construed as impairing or enlarging any right or privilege
acquired in any retirement or pension
system by any judge or his dependents.
(1973c114§2.]
Chapter 2.08
SUPERIOR COURTS
~gQKANE,
ANg
There shall be in the
county of King twenty-nine judges of the
superior court; in the county of Spokane
eight judges of the superior court; in the
county of Pierce ten judges of the superior court. (1973 1st ex.s c 27 § 1;
1971
ex.s c 83 § 5; 1969 ex.s. c 213 § 1; 1967
ex.s. c 84 § 1; 1963 c 48 § 1; 1961 c 67 §
1; 1955 c 176 § 1; 1951 c 125 § 3. Prior:
1949 c 237 §§ 1, 3; 1933 ex.s. c 63 § 1;
1927 c 135 § 1, part; 1925 ex.s. c 66 § 1;
1911 c 76 § 1; 1909 c 52 § 1; 1909 c 12 §
1; 1909 c 10 § 1; 1907 c 106 § 1; 1907 c
79 § 1, part; 1905 c 9 § 1; 1895 c 89 § 1,
part; 1891 c 68 § 2; 1890 p 341 § 1, part;
Rem. Supp. 1949 §§ 11045-1f, 11045-1h; RRS
§§ 11045-1, 11045-1a, part.]
2.08.061
giE~~
~~~ES==KINGL
~OUNIIE~
2.08.063
~UDGES-=1I~C01~L
~~AGI!L
.!!11.! !A11!L !HI.I[1ANL I!KIMAL !Q!MSL ANQ
WHATCOM COUNTIES, There shall be in the
county-o~tincoln one judge of the superior court; in the county of Skagit, two
judges of the superior court; in the
county of walla walla, two judges of the
superior court; in the county of Whitman,
one judge of the superior court;
in the
county
of Yakima five judges of the
superior court; in the county of Adams,
one judge of the superior court; in the
county of Whatcom,
two judges of the
superior court. ( 1973 1st ex.s. c 27 § 2;
1971 ex.s. c 83 § 1; 1963 c 48 § 3; 1955 c
19 § 1; 1951 c 125 § 5. Prior:
1949 c
237 §§ 2, 4; 1945 c 20 § 1, part;
1927 c
135 § 1, part; 1917 c 97 § 5, part; 1911 c
6 2 § 1 ; 19 1 1 c 1 29 § 2, part ; 19 0 7 c 7 9 §
1, part; 1895 c 89 § 1, part; 1891 c 68 §
3, part; 1890 p 341 § 1, part; Rem.
Supp.
1949 §§ 11045-1j, 11045-1i; Rem. Supp.
1945 § 11045-1d, part;
RRS § 11045-1,
part.]
Reviser's note:
The amendment to this
section-by-1973-1st ex.s c 27 was conditional, see RCW 2.08.065.
2.08.065
~GES--DQ[GLASL
QRAN!L
FE!l.RL. OK!l!QQ!h !1ASONL !JJ..q!iSTON, f!~IFI~L
WA!HS.I!KU.h f.~l!R OREILL~L ~~NSL ~ll ~[!.t!
AND ISLAND COUNTIES.
There shall be in
the counties o~Douglas and Grant jointly,
two judges of the superior court; in the
counties of Ferry and Okanogan jointly,
one judge of the superior court; in the
counties of Mason and Thurston jointly,
four judges of the superior court; in the
counties of Pacific and Wahkiakum jointly,
one judge of the superior court; in the
counties of Pend Oreille and
Stevens
jointly, one judge of the superior court;
and in the counties of San Juan and Island
jointly, one judge of the superior court:
PROVIDED, That •this act shall only take
effect in the event the legislature shall
appropriate funds for the 1973-75 biennium
to carry out the purpose of *this 1973
act.
( 1973 1st ex.s. c 27 § 3; 1971 ex.s.
c 83 § 2; 1969 ex.s. c 213 § 3; 1955 c 159
§ 1; 1951 c 125 § 7.
Prior:
1927 c 135 §
1, part; 1917 c 97 §§ 4, 5, part; 1913 c
17 § 1; 1911 c 131 § 2; 1907 c 79 § 1,
part; 1907 c 178 § 1, part; 1903 c 50§ 1,
part; 1895 c 89 § 1, part; 1891 c 68 §§ 1,
3, part;
1890 p 341 § 1, part; RRS §
11045-1, part.]
*Reviser's note:
The terms
"this
act"
ana-lithis-1973~act" apparently refer to
1973 1st ex.s c 27 which amended
2.08.061, 2.08.063 and 2.08.065.
RCW
Revis~~~ nQ!~
The amendment to this
section by 1973 1st ex.s c 27 was conditional, see RCW 2.08.065.
2.08.090
~ALAR~
Each judge of the
superior court shall receive an annual
salary of twenty-eight thousand five hundred dollars.
[Initiative Measure No. 282
§ 5; 1972 ex.s. c 100 § 3; 1967 c 65 § 1;
1965 ex.s. c 127 § 2; 1957 c 260 § 2; 1953
1973 RCW SUPP.
]
[ 9
2.08.090
COURTS OF RECORD
--------------------------------------------------------------------------------------c 144 § 2.
1947 c 194
1923 c 169
c 77 § 1 ,
supp. 1949
Prior: 1949 c
§ 1, part; 1943
§ ; 1921 c '188
part; 1907 c 57
§ 11053, part. ]
,
48 §
2,
part;
c 50 § 1, part;
§ 1, part; 1919
§ 1 , part; Rem.
Cross Reference:
Salary schedule for public officials:
See notes following RCW 43.03.010.
Chapter 2.10
JUDICIAL RETIREMENT SYSTEM
2.10.080
FUNDS !ND SEcyg!I!ES.
(1)
The state treasurer shall be the custodian
of all funds and securities of the retirement system. Disbursements from this fund
shall be made by the state treasurer upon
receipt of duly authorized vouchers.
(2)
The state treasurer is hereby authorized
and directed to deposit any
portion of the funds of the retirement
system not needed for immediate use in the
same manner and subject to all the provisions of law with respect to the deposit
of state funds by such treasurer, and all
interest earned by such portion of the
retirement syste~'s funds as may be deposited by the state treasurer in pursuance
of authority herewith given shall
be
collected by him and placed to the credit
of the retirement fund.
(3)
The public employees' retirement
board established by chapter 41.40 RCW
shall have full power to invest or reinvest the funds of this system in those
classes of investments authorized by RCW
43.84.150 and 41.40.072.
(4)
For
the
purpose
of providing
amounts to be used to defray the cost of
administration and investment, the judicial retirement board shall ascertain at
the beginning of each biennium and request
from the legislature an
appropriation
sufficient to cover estimated expenses for
the said biennium. [1973 1st ex.s. c 103
§ 1; 1971 ex.s. c 267 § 8.)
~evg£g,!!ilit.t 121.1 121
g!.!. £ 103_;_ "If
any provision of this 1973 amendatory act,
or
its application to any person or
circumstance is held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected." (1973 1st ex.s. c
103 § 20. ]
2.10.150
INCOME
OF RETIRED JUDGE-STATEMENT--REDUCTION. -Every-judge retired
either-for-service-or disability under the
provisions of this chapter shall file a
statement of income with the retirement
board. Any retired judge who is receiving
income from employment of any kind shall
have his retirement allowance reduced by
the amount that his combined retirement
allowance and employment income exceed the
current monthly salary being paid a judge
of the same court in which the retired
judge served immediately prior to his
retirement: PROVIDED, HOWEVER, That pro
tempore service as a judge of a court of
record shall not constitute employment as
that term is used in this section and
income from pro tempore service need not
be reported to the retirement board. Pro
tempore service shall be limited to not
more than ninety days in any single year,
and the combined retirement allowance of a
retired judge together with his income as
a pro tempore judge shall not exceed the
salary being paid a judge of the same
court in which the retired judge served
immediately prior to his retirement.
Failure to file or the filing of a false
statement shall be grounds for cancellation of all benefits payable under this
chapter.
(1973 1st ex.s c 119 § 1; 1971
ex.s c 267 § 15.)
Chapter 2.12
RETIREMENT OF JUDGES
2.12.010
gETIREM~HI
fQg §~HYICE Qg
Any judge of the supreme court,
court of appeals, or superior court of the
state of Washington who heretofore and/or
hereafter shall have served as a judge of
any such courts for eighteen years in the
aggregate or who shall have served ten
years in the aggregate and shall have
attained the age of seventy years or more
may. during or at the expiration of his
term of office, in accordance with the
provisions of this chapter, be ret~red and
receive the r~tirement pay herein provided
for.
In computing such term of service,
there shall be counted the time spent by
such judge in active service in the armed
forces of the United States of America,
under leave of absence from his judicial
duties as provided for under chapter 201,
Laws of 1941 (chapter 73.16 RCW]:
PROVIDED, HOWEVER, That in computing such credit
for such service in the armed forces of
the United States of America no allowance
shall be made for service beyond the date
of the expiration of the term for which
such judge was elected. Any judge desiring to retire under the provisions of this
section shall file with the state treasurer, who is hereby created treasurer, ex
officio, of the fund hereinafter established, and who is hereinafter referred to
as "the treasurer," a notice in duplicate
in writing,
verified by his affidavit,
fixing a date when he desires his retirement to commence, one copy of which the
treasurer shall forthwith file with the
administrator for the courts. The notice
shall state his name, the court or courts
of which he has served as judge, the
period of service thereon and the dates of
such service.
No retirement shall be made
within a period of less than thirty days
after such statement is filed,
and no
AG~~
( 10 ]
2.12.060
RETIREMENT OF JUDGES
--------------------------------------------------------------------------------------term immediately prior to their retirement
if their retirement is made after expiration of their ~erm. The surviving spouse
of any judge who shall have heretofore
retired or may hereafter retire, or of a
judge who was heretofore or may hereafter
be eligible for retirement at the time of
death,
if the surviving spouse had been
married to the judge for three years, if
the surviving spouse had been married to
the judge prior to retirement, shall be
paid an amount equal to one-half of the
retirement pay of the judge, as long as
such surviving spouse remains unmarried.
The retirement pay shall be paid monthly
by the state treasurer on or before the
tenth day of each month.
The prov1s1ons
of this section shall apply to the surviving spouse of any judge who dies while
holding such office or dies after having
retired under the provisions of
this
chapter and who at the time of death had
served ten or more years in the aggregate
as a judge of the supreme court, court of
appeals, or superior court or any of such
courts, or had served an aggregate of
twelve years in the supreme court, court
of appeals,
or superior court if such
pension rights are based upon RCW 2.12.012.
[1973 1st ex.s. c 154 § 1; 1971 c
30 § 5; 1961 c 286 § 3; 1957 c 243 § 1;
1951 c 79 § 1; 1945 c 19 § 1; 1937 c 229 §
3; RRS § 11054-3.]
retirement after separation from office by
expiration of term shall be allowed unless
the statement be filed within thirty days
thereafter.
( 1973 c 106 § 4; 1971 c 30 §
1; 1943 c 221 § 1; 1937 c 229 § 1; Rem.
supp. 1943 § 11054-1.]
2.12.020
RETIREMENT FOR
DISABILITY.
Any judge of-the-supreme-court;-cQurt-of
appeals, or superior court of the state of
washington, who heretofore and/or hereafter shall have served as a judge of any
such courts for a period of ten years in
the aggregate, and who shall believe he
has become physically or otherwise permanently incapacitated for the full and
efficient performance of the duties of his
office, may file with the treasurer an
application in duplicate in writing, asking for retirement,
which
application
shall
be signed and verified by the
affidavit of the applicant or by someone
in his behalf and which shall set forth
his name, the office then held, the court
or courts of which he has served as judge,
the period of service thereon, the dates
of such service and the reasons why he
believes himself to be, or why
they
believe him to be incapacitated.
Upon
filing of such application the treasurer
shall forthwith transmit a copy thereof to
the governor who shall appoint
three
physicians
of skill and repute,
duly
licensed to practice their professions in
the state of washington, who shall, within
fifteen days thereafter, for such compensation as may be fixed by the governor, to
be paid out of the fund
hereinafter
created, examine said judge and report, in
writing, to the governor their findings in
the matter. If a majority of such physicians shall report that in their opinion
said judge has become permanently incapacitated for the full and efficient performance of the duties of his office, and if
the governor shall approve such report, he
shall file the report, with his approval
endorsed thereon, in the office of the
treasurer and a duplicate copy thereof
with the administrator for the courts, and
from the date of such filing the applicant
shall be deemed to have retired from
office and be entitled to the benefits of
this chapter to the same extent as if he
had retired under the provisions of RCW
2.12.010. [1973 c 106 § 5; 1971 c 30 § 4;
1937 c 229 § 2; RRS § 11054-2.)
2gYg!:~biJ.iiY=1973 12i g~.!.2 £ 12!!.:.
"If
any provision of this 1973 amendatory act,
or its application to any person
or
circumstance is held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected." [1973 1st ex.s. c
154 § 130.]
2.12.o6o
[
now
~ON2IITQ!~~==2Abagx
For the purpose of providing moneys in said judges' retirement
fund, concurrent monthly deductions from
judges• salaries and portions
thereof
payable from the state treasury and withdrawals from the general fund of the state
treasury shall be made as follows:
Six
and one-half percent shall be deducted
from the monthly salary of each justice of
the supreme court, six and one-half percent shall be deducted from the monthly
salary of each judge of the court of
appeals, and six and one-half percent of
the total salaries of each judge of the
superior court shall be deducted from that
portion of the salary of such justices or
judges payable from the state treasury;
and a sum equal to six and one-half
percent of the combined salaries of ~he
justices of the supreme court, the
judges
of the court of appeals, and the judges of
the superior court shall be withdrawn from
the general fund of the state treasury.
In consideration of the contributions made
by the judges and justices to the judges'
retirement fund, the state hereby undertakes to guarantee the solvency of said
2.12.030
AMOUNT !li~ !IME Qr PAYM~T-=
2QRVIVIli§
2POUS~~2
BENEFI!~
Supreme
court, court of appeals, or superior court
judges of the state who retire from office
under the provisions of this chapter other
than as provided in RCW 2.12.012 shall be
entitled to receive monthly during the
period of their natural life, out of the
fund hereinafter created, an amount equal
to one-half of the monthly salary they
were receiving as a judge at the time of
their retirement, or at the end of the
1973 RCW SUPP.
IYH~
Q~QQCTIOH2==!IQ.!.
11
]
2.12.060
COURTS OF RECORD
--------------------------------------------------------------------------------------fund and the legislature shall make biennial appropriations from the general fund
of amounts sufficient to guarantee the
making of retirement payments as herein
provided for if the money in the judges'
retirement fund shall become insufficient
for that purpose, but such biennial appropriation may be conditioned that sums
appropriated may not be expended unless
the money in the judges• retirement fund
shall become insufficient to meet the
retirement payments.
The deductions and
withdrawals herein directed shall be made
on or before the tenth day of each month
and shall be based on the salaries of the
next preceding calendar month. The administrator for the courts shall issue warrants
payable
to
the
treasurer to
accomplish the deductions and withdrawals
herein
directed, and shall issue the
monthly salary warrants of the judges and
justices for the amount of salary payable
from the state treasury after such deductions have been made.
The treasurer shall
cash the warrants made payable to him
hereunder and place the proceeds thereof
in the judges• retirement fund for disbursement as authorized in this chapter.
[ 1973 c 106 § 6; 1973 c 37 § 1.
Prior:
1971 c 81 § 8; 1971 c 30 § 6; 1957 c 243 §
2; 1951 c 79 § 2; 1945 c 19 § 2;
1937 c
229 § 6; Rem. Supp. 1945 § 11054-6.]
Chapter 2. 16
ASSOCIATION OF SUPERIOR COURT JUDGES
2.16.060
EXP~NSE OF !ITENQ!~~~
[1957
c 259 § 10; 1955 c 38 § 11; 1933 ex.s c 58
§ 6; RRS § 11051-6.] Repealed by 1973 c
106 § ~0.
Chapter 2. 36
JURIES
LIST==~!liONJ~
QAT!
SELECTION METHOD--MASTER
~oRr trsT~ The juage-or-juagesaf"-ue
superior court of any county may, if they
so choose, by local superior court rule,
employ a properly programmed electronic
data processing system or device to make
random selection of jurors as required by
RCW 2.36.060.
Upon determination
that
such system
shall be employed, the judge or judges of
the superior court shall direct the county
auditor to provide the names and other
information concerning all registered voters which have been filed with him by the
registrar
of
voters pursuant to RCW
2.36.060.
In those counties employing the electronic data processing random selection
method, the judge or judges of the superior court may determine that
fair and
random selection may be achieved without
division of the county into three or more
jury districts.
Upon such determination,
2.36.063
JURY
g~QCE~21N2 ~!NDQH
[ 12
the judge or judges shall,
during the
month of July each year, order a master
jury list to be selected by an unrestricted random sample from the names of all
registered voters filed with the county
auditor,
without regard to location of
precinct.
In those counties employing the electronic data processing random selection
method, if the
judge or judges of the
superior court determine that the jury
district
procedure
required
for
noncomputer jury selection is to be followed, the judge or judges shall divide
the county into not less than three jury
districts pursuant to RCW 2.36.060. The
judge or judges shall during the month of
July each year, order a master jury list
to be selected by an unrestricted random
sample from the names of all registered
voters filed with ~he county auditor.
Such
list must contain as nearly as
possible an equal number of jurors from
each jury district.
The master jury list randomly selected
shall contain names of a sufficient number
of qualified voters to serve as
jurors
until the first day of August of the next
calendar year, and shall be certified and
filed with the county clerk. At any time
the judge or judges may add to the jury
list in the random selection manner by
data process device as approved by the
judge or judges. A certified list of the
added names shall be filed with the county
clerk. ( 1973 2nd ex.s. c 13 § 1.)
2.36.093
~EL~JQ~
QE ~~RQR~==ELE£=
Q!!! gROCESSJ~~ RANQQ~ ~EL~CTIQ~
~~IfiQQ~
At such time as the judge or
judges of the superior court of any county
shall deem that the public business requires a jury term to be held, he or they
shall direct the county clerk to select
jurors to serve for the ensuing term,
pursuant to RCW 2.36.C90. In any county in
which the judge or judges have chosen to
employ the electronic data process random
selection method as provided for in RCW
2.36.063, the county clerk shall within
the first fifteen days of the calendar
month preceding the month on which the
jurors are to be called to serve, cause
the names of the jurors to be selected
from the master list of prospective jurors
for the year placed on file in his office.
The name of a person once selected for a
jury ~erm shall be excluded from selection
of jurors for subsequent terms in that
jury year unless otherwise ordered by the
judge or judges of superior court: PROVIDED, That at any time or for any period or
periods of time, the judge or judges may
direct by rule or order that all or any
number or proportion of the jurors thereafter to be selected shall be selected to
serve for two successive terms, to the end
that not all of the jurors serving during
a given period shall cease their service
at the same time.
!~Q~I£
]
2.52.010
JUDICIAL COUNCIL
--------------------------------------------------------------------------------------It shall be the duty and responsibility
of the judge or judges of the superior
court to insure that such electronic data
processing system or device is employed so
as to insure continued random selection of
the master jury list and jurors. To that
end, the judge or judges shall review the
process from time to time and shall cause
to be kept on file with the county clerk a
description of the jury selection process.
Any person who desires may inspect this
description in said office.
Nothing in RCW 2.36.063 and 2.36.093
shall be construed as requiring uniform
equipment or method throughout the state,
so long as fair and random selection of
the master jury list and jurors is achieved. [1973 2nd ex.s. c 13 § 2.]
Chapter 2.42
INTERPRETERS FOR IMPAIRED PERSONS INVOLVED
IN LEGAL PROCEEDINGS
2.42.010
1~QI~1ATIY~
DECL!S!TION--I!=
!ENT. It is hereby declared to be the
policy of this state to secure the constitutional rights of deaf persons and of
other persons who, because of impairment
of hearing or speech are unable to readily
understand or communicate spoken language,
and who consequently cannot be
fully
protected
in legal proceedings unless
qualified interpreters are available to
assist them.
It is the intent of the legislature in
the passage of this chapter to provide for
the appointment of such
interpreters.
[1973 c 22 § 1.]
2.42.020
~INIIIQ!~~
As used in this
chapter
(1)
an "impaired person" is any
person involved in a legal proceeding who
is deaf, deaf mute, or who, because of
other hearing or speech defects, cannot
readily understand or communicate spoken
language and who, when involved as a party
to a legal proceeding, is unable by reason
of such defects to obtain due process of
law;
(2) a "qualified interpreter" is one
who is able readily to translate spoken
English to and for impaired persons and to
translate statements of impaired persons
into spoken English; (3) "legal proceeding" is a proceeding in any court in this
state, at grand jury hearings or hearings
before an inquiry judge, or before administrative boards, commissions, agencies,
or licensing bodies of the state or any
political subdivision thereof. ( 1973 c 22
§ 2.]
2.42.030
APPOINTMENT OF INTERPRETERS.
When an impaired person-is-a party-to--any
legal proceeding or a witness therein the
judge, magistrate, or other
presiding
official
shall, in the absence of a
written waiver by the impaired person,
appoint a qualified interpreter to assist
1973 RCW SUPP.
[
the impaired person throughout
ceedings. ( 1973 c 22 § 3.]
the
pro-
2.42.040
I!IERRRET~R~~f~R~N~!!IQ!
!BQ
~!R~!~~~==gQ~!~
Interpreters appointed pursuant to this chapter shall be
adequately compensated for their services
and shall be reimbursed for actual expenses as hereinafter provided:
(1)
In criminal proceedings, grand jury
proceedings, coroner's inquests,
mental
health commitment proceedings, and other
proceedings initiated by agencies of government, the cost of providing the interpreter shall be borne by the governmental
body initiating the proceedings.
(2)
In other legal proceedings the cost
of providing the interpreter shall be
borne by the impaired person unless the
impaired person is indigent, pursuant to
adopted standards of the body, and thus
unable to pay for the interpreter, in
which case the cost shall be borne as an
administrative cost of the governmental
body under the authority of which the
proceeding is conducted.
(3)
The cost of providing the interpreter may be a taxable cost of any
proceeding in which costs are ordinarily
taxed.
( 1973 c 22 § 4.)
2.42.050
Q!!~
Every qualified interpreter appointed pursuant to this chapter
shall,
before entering upon his duties as
such, take an oath that he will make a
true interpretation to the person being
examined of all the proceedings in a
language which said person understands,
and that he will repeat the statements of
said person to the court or other ~gency
conducting the proceedings, in the English
language, to the best of his skill and
judgment. (1973 c 22 § 5.]
Chapter 2. 50
LEGAL AID
2.50.030
APPLICATION TO CERTAIN COUN[1939 c-93:~3;--RRs- §--1ooo7=2o3:
Formerly RCW 74.36.030.) Repealed by 1973
1st ex.s c 69 § 1.
TI~~~
Chapter 2. 52
JUDICIAL COUNCIL
2.52.010
TUI~~
COUNCIL CREATED--HOW
CONSTI-
There--Is--hereby--~tablished--a
judicial council which shall consist of
the following:
(1) The chief
justice and one other
judge of the supreme court, to be selected
and appointed by the chief justice of ~he
supreme court;
(2) Two judges of the court of appeals,
to be selected and appointed by the three
13 ]
2.52.010
COURTS OF RECORD
--------------------------------------------------------------------------------------chief judges of the
three
divisions
thereof;
(3) Two judges of the superior court, to
be selected and appointed by the superior
court judges• association;
(4) Three members of the state senate,
no more than two of whom shall be members
of the same political party, one of whom
will be the chairman of the senate judiciary committee and the other two to be
designated by the chairman; three members
of the state house of representatives, no
more than two of whom shall be members of
the same political party, one of whom
shall be the chairman of the house judiciary committee and the other two to he
designated by the chairman;
unless the
house judiciary committee is organized
into two sections, in which case the
chairman of each section shall be a member
and they shall designate the third house
member;
(5) The dean of each recognized school
of law within this state;
(6) Five members of the bar who are
practicing law and at least one of whom is
a prosecuting attorney, three to be appointed
by the chief justice of the
supreme court with the advice and consent
of the other judges of the court, and two
to be appointed by the board of governors
of the Washington state bar association
from a list of nominees submitted by the
legislative committee of the Washington
state bar association;
(7) The attorney general;
(8) Two judges from the courts of limited jurisdiction chosen by the Washington
state 'magistrates' association; and
(9) A county clerk to be selected and
appointed by the washington state association of county clerks. [1973 c 18 § 1;
1971 c 40 § 1; 1967 c 124 § 1; 1961 c 271
§ 1; 1955 c 40 § 1; 1925 ex.s. c 45 § 1;
RRS § 10959-1.]
TITLE 3
JUSTICES OF THE PEACE AND CONSTABLES
sections added, amended, or repealed:
3.34.010
3.34.020
3.34.065
Justices of the peace--Number
for each county.
Justices of the peace--Number
of full time.
Justices and district court
judges in second class or
larger counties--Required to be
lawyers.
3.58.010
Salaries of full time justices
of the peace.
3.62.050
Quarterly disbursements.
[
3.62.070
Filing fees in criminal cases.
Chapter 3.34
JUSTICES OF THE PEACE
3.34.010
JUSTICES OF THE PEACE--NUMBER
FOR EACH COUNTL-The number -of--justices
of- th~peace-to be elected in each county
shall be:
Adams, three; Asotin,
one;
Benton, two;
Chelan, one; Clallam, one;
Clark, four; Columbia, one; Cowlitz,
two;
Douglas, one;
Ferry, two; Franklin, one;
Garfield, one; Grant, one; Grays Harbor,
two; Island, three; Jefferson, one; King,
twenty;
Kitsap,
two;
Kittitas,
two;
Klickitat, two; Lewis, two; Lincoln, two;
Mason, one; Okanogan, two; Pacific, three;
Pend oreille,
two;
Pierce, eight; San
Juan, one; Skagit, three; Skamania, one;
snohomish, eight; Spokane, eight; Stevens,
two; Thurston, one; Wahkiakum, one;
Walla
walla,
three; Whatcom, two; Whitman, two;
Yakima, six:
PROVIDED, That this number
may be increased in accordance with a
resolution of the county commissioners
under RCW 3.34.020. [1973 1st ex.s. c 14
§ 1; 1971 ex.s. c 147 § 1; 1970 ex.s. c 23
§ 1; 1969 ex.s. c 66 § 1; 1965 ex.s. c 110
§ 5; 1961 c 299 § 10.]
3.34.020
~Y~IJCE~ Qr Itl~ ~~!~~==NYtt~~B
OF FULL TIME.
In each
justice court
'district having a population of forty
thousand or more but less than sixty
thousand, there shall be elected one full
time justice of the peace; in each justice
court district having a population of
sixty thousand but less than one hundred
twenty-five
thousand,
there shall be
elected two full time justices;
in each
justice court district having a population
of one hundred twenty-five thousand but
less than two hundred thousand, there
shall be elected three full time justices;
and in each justice court district having
a population of two hundred thousand or
more there shall be elected one additional
full time justice for each additional one
hundred
thousand
persons or fraction
thereof: PROVIDED, That if a justice court
district having one or more fnll time
justices should change in population, for
reasons other than change in district
boundaries, sufficiently to require
a
change in the number of judges previously
authorized to it, the change shall be made
by the county commissioners without regard
to RCW 3.34.010 as now or
hereafter
amended and shall become effective on the
second ~onday of January of the year
following:
PROVIDED FURTHER, That upon
any redistricting of the county thereafter
RCW 3.34.010, as now or hereafter amended,
shall again designate the number of justices in the county: PROVIDED, That in a
justice court district having a population
of one hundred twenty thousand people or
more adjoining a metropolitan county of
another state which has a po~ulation in
14 ]
TITLE 4
DIGEST OF TITLE
--------------------------------------------------------------------------------------excess of five hundred thousand there
shall be one full time justice in addition
to the number otherwise allowed by this
section and without regard to RCW 3.34.030
or resolution of the county commissioners:
PROVIDED FURTHER, That the county commissioners may by resolution make a part time
position a full time office if the district's population is not more than ten
thousand less than the number required by
this section for a full time justice of
the peace: PROVIDED FURTHER, That the
county commissioners may by resolution
provide for the election of one full time
justice in addition to the number of full
time
justices authorized hereinbefore.
[1973 1st ex.s. c 14 § 2; 197C ex.s. c 23
§ 2;
1969 ex.s. c 66 § 7; 1961 c 299 §
11. ]
3.34.065
JUDGES IN
~US!I£~~
SECOND
AHQ
CLASS
DI~!~I£1
CO~I
OR LARGER £QUN=
IIES--R~QUI~liQ-TO-~~-bAWYERS~ --After the
next respective judicial elections following July 16, 1973, in counties of the
second
class and larger counties all
justices of the peace and district court
judges are required to have been admitted
to the practice of law in the state of
washington before they may exercise the
functions of their office.
(1973 1st
ex.s. c 14 § 3.]
Chapter 3. 62
INCOME OF COURT
3.62.050
QQARTER1!
DISBURSEMENTS.
Quarterly,
the county treasurer--shall
determine the total expenditures of the
justice courts, including the cost of
providing courtroom and office space, the
cost of probation and parole services and
any personnel employment therefor, and the
cost of providing services necessary for
the preparation and presentation of a
defense at public expense except costs of
defense to be paid by a city pursuant to
RCW 3.62.070.
The treasurer shall then
transfer an amount, equal to the total
expenditures, from the justice court suspense fund to the current expense fund.
The treasurer shall then, using the percentages established as in RCW 3.62.015
provided remit the appropriate amounts of
the remaining balance in the justice court
suspense fund to the state general fund
and to the appropriate city treasurer(s).
The final remaining balance of the justice
court suspense fund shall then be remitted
as specified by the county commissioners.
(1973 1st ex.s. c 10 § 1; 1969 ex.s. c 199
§ 3; 1969 c 111 § 1; 1963 c 213 § 2; 1961
c 299 § 109.]
3.62.070
fiLIN2
FE~~
IH £~IMI!A1
Except in traffic cases wherein
bail is forfeited to a violations bureau,
and except in cases filed in municipal
departments established pursuant to chapter 3.46, in every criminal action filed
by a city for an ordinance violation the
city shall be charged a four dollar filing
fee.
In such criminal actions the cost of
providing services necessary for the preparation and presentation of a defense at
public expense are not within the four
dollar filing fee and shall be paid by the
city. In all other criminal actions, no
filing fee shall be assessed or collected:
PROVIDED, That in such cases,
for the
purposes of RCW 3.62.010, four dollars of
each fine or penalty shall be deemed
filing costs.
(1973 1st ex.s. c 10 § 2;
1961 c 299 § 111.]
£!~~~~
Chapter 3.58
SALARIES AND EXPENSES
3.58.010
SALARIES OF FULL TIME JUSIl&ES Qf TH~ REA~~~- The annual-salary-of
each full time justice of the peace shall
be twenty-three thousand two hundred and
fifty dollars: PROVIDED, That in cities
having a population in excess of five
hundred thousand, the city which pays the
salary may increase such salary of its
municipal judges to an amount not more
than the salary paid the superior court
judges in the county in which the court is
located:
PROVIDED FURTHER, That no full
time justice of the peace shall perform
any civil marriage between 8:00 a.m. and
5:00 p.m. Monday through Friday. (Initiative Measure No. 282 § 6; 1972 ex.s. c 100
§ 4; 1969 c 52 § 1; 1965 c 147 § 1; 1961 c
299 § 100.]
~~~~£ability--Initiativg
l82~
~gS§Y£g
TITLE 4
CIVIL PROCEDURE
Sections added, amended, or repealed:
No.
4.20.020
See note following RCW 43.03.010.
4.20.060
Cross Reference:
Salary schedule for public officials:
See notes following RCW 43.03.010.
1973 RCW SUPP.
[
Wrongful death--Beneficiaries
of action.
Action for personal injury survives to surviving spouse,
child, or heirs.
fh~£!~£ ~~ll
£QmE~~!iyg !g91ig~n£g==Im=
m!ie d Ne glig§Jlfg~
15 ]
TITLE 4
CIVIL PROCEDURE
--------------------------------------------------------------------------------------4.22.010
4.22.020
4.22.900
4.22.910
4.24.010
4.24.020
4.24.030
4.24.120
Chapter 4. 20
SURVIVAL OF ACTIONS
Contributory negligence no bar
to action--Comparative
negligence.
Negligence of one spouse not
imputable to other.
Effective date-1973 1st ex.s.
c 138.
Severability--1973 1st ex.s. c
138.
4.20.020
OF ACTION.
WRONGFUL DEATH--BENEFICIARIES
Everysuch -action shal.Cbe-for
the~;nefit of the wife, husband, child or
children of the person whose death shall
have been so caused. If there be no wife
or husband or child or children, such
action may be maintained for the benefit
of the parents, sisters or brothers, who
may be dependent upon the deceased person
for support, and who are resident within
the United States at the time of his
death.
In every such action the jury may give
such damages as, under all circumstances
of the case, may to them seem just. (1973
1st ex.s. c 154 § 2; 1917 c 123 § 2; RRS §
183-1.]
Action for injury or death of
child.
Action by parent for seduction
of child.
Action by woman for her own
seduction.
Action for falsely charging sex
crimes.
~g~rabil.i!.Y==.1273
12!
~..!..2 £
note following RCW 2.12.030.
4.84.250
4.84.260
4.84.270
4.84.280
4.84.290
4.84.300
4.84.310
Attorneys• fees as costs in
damage actions of one ~housand
dollars or less--Allowed to
prevailing party--Amount.
Attorneys• fees as costs in
damage actions of one thousand
dollars or less--When plaintiff
deemed prevailing party.
Attorneys• fees as costs in
damage actions of one thousand
dollars or less--When defendant
deemed prevailing party.
Attorneys• fees as costs in
damage actions of Qne thousand
dollars or less--Offers of settlement in determining.
Attorneys• fees as costs in
damage actions of one thousand
dollars or less-.-Prevailing
party on appeal.
Attorneys' fees as costs in
damage actions of one thousand
dollars or less--Application.
Attorneys• fees as costs in
damage actions of one thousand
dollars or less--Assigned
claims.
1.2!!1.
See
4.2o.o6o
A£IIO! roR g~RsoNa~ INJYRI
SU.BYI!ES I.Q §.YRVIVIN§ §.f.Q!!li.L. £!!l~~.L Q!
HEIR~
No action for a personal injury to
any person occasioning death shall abate,
nor shall such right of action determine,
by reason of such death,
if such person
has a surviving spouse or child living, or
leaving no surviving spouse or issue, if
there is dependent upon the deceased for
support and resident within the United
States at the time of decedent's death,
parents, sisters or brothers; but such
action may be prosecuted, or commenced and
prosecuted, by the executor or administrator of the deceased,
in favor of such
surviving spouse, or in favor of the
surviving spouse and children, or if no
surv~v~ng spouse, in favor of
such child
or children, or if no surviving spouse or
child or children, then in favor of the
decedent's parents, sisters or brothers
who may be dependent upon such person for
support, and resident in the United States
at the time of decedent's death.
[ 1973
1st ex.s. c 154 § 3; 1927 c 156 § 1; 1909
c 144 § 1; Code 1881 § 18; 1854 p 220 §
4 9 5; RRS § 19 4 . 1
Where brought--Cost bond-Change of venue.
~g~gbil.i:!.I=12TI 1st gL..2.!.. £ 1.2!!1.
note following RCW 2.12.030.
Chapter 4.12
VENUE--JURISDICTION
4.92.010
Chapter 4.22
COMPARATIVE NEGLIGENCE--IMPUTED NEGLIGENCE
4.22.010
£QNTRIBUTQ.B! !~LIQ~NC~
!Q
BAR
TO AC!ION==COMPARATI.'a NEQLIQgB_£h
Contributory negligence shall not
bar
recovery in an action by any person or his
legal representative to recover damages
caused by negligence resulting in death or
in injury to person or property,
but any
damages allowed shall be diminished in
proportion to the percentage of negligence
cross Reference:
Actions against state as consequence of
criminal act, jurisdiction of courts abolished: RCW 7.68.040.
[
See
16
]
4.84.250
COSTS
--------------------------------------------------------------------------------------attributable to the party
[ 1973 1st ex.s. c 138 § 1.]
recovering.
]]§biG~B~~ Ql QB~ ~fQ~~~
!Ql
1Q Q!]~~~ The negligence of one
marital spouse shall not be imputed to the
other spouse to the marriage so as to bar
recovery in an action by the other spouse
to the marriage, or his or her legal
representative, to recover damages from a
third party caused by negligence resulting
in death or in injury to the person.
[ 1973 1st ex.s. c 138 § 2.]
4.22.020
I~YIA~1~
4.22.900
lflli~IIVli
DATE--1973
~!
EX.S. C 138. This act takes-effect as of
12:01 a~m~-on April 1, 1974.
[ 1973 1st
ex. s c 138 § 3.]
4.22.910
SE!li~A~Ibl!X=-121J 1~
EX~~~
1JL
If any provision of this act or
the application thereof to any person or
circumstance is held unconstitutional, the
remainder of this act and the application
of such prov1s1ons to other persons or
circumstances shall not be affected thereby, and it shall be conclusively presumed
that the legislature would have enacted
the remainder of this act without such
invalid or unconstitutional
provision.
[ 1973 1st ex. s. c 138 § 4. ]
~
Chapter 4.24
SPECIAL RIGHTS OF ACTION AND
SPECIAL IMMUNITIES
such notice shall be in compliance with
the statutory requirements for a summons.
Such notice shall state that the other
parent must join as a party to the suit
within twenty days or the right to recover
damages
under
this section shall be
barred. Failure of the other parent to
timely appear shall bar such parent's
action to recover any part of an award
made to the party instituting the suit.
In such an action, in addition to damages for medical, hospital, medication expenses, and loss of services and support,
damages may be recovered for the loss of
love and companionship of the child and
for
injury to or destruction of the
parent-child relationship in such amount
as, under all the circumstances of the
case, may be just. [1973 1st ex.s. c 154
§ 4; 1967 ex.s. c 81 § 1; 1927 c 191 § 1;
Code 1 8 8 1 § 9 ; 1 8 7 7 p 5 § 9 ; 1 8 73 p 5 §
10; 1869 p 4 § 9; RRS § 184.]
~~~~£aQili!I==1~73 121 ~!~2~ ~ 12~~
note following RCW 2.12.030.
4.24.020
A~IIO!
BY PARENT FOR SEDUC!IQ! QI cHI1Q~ A father -or--iother;--;ay
maintain an action as plaintiff for the
seduction of a child, and the guardian for
the seduction of a ward, though the child
or the ward be not living with or in the
service of the plaintiff at the time of
the seduction or afterwards, and there be
no loss of service. [1973 1st ex.s. c 154
§ 5; Code 1881 § 10; 1877 p 5 § 10; 1869 p
4 § 10; RRS § 185.]
~~yg£aQili!I==1~1~ 121 ~!~2~ ~ 12~~
note following RCW 2.12.030.
4.24.010
ACTION FOR INJURY OR DEATH OF
The mother-or-father-or--both--may
maintain an action as plaintiff for the
injury or death of a minor child, or a
child on whom either, or both, are dependent for support:
PROVIDED, That in the
case of an illegitimate child the father
cannot maintain or join as a party an
action unless paternity has been duly
established and the father has regularly
contributed to the child's support.
This section creates only one cause of
action, but if the parents of the child
are not married, are separated, or not
married to each other damages may be
awarded to each plaintiff separately, as
the court finds just and equitable.
If one parent brings an action under
this section and the other parent is not
named as a plaintiff, notice of
the
institution of the suit, together with a
copy of the complaint, shall be served
upon the other parent:
PROVIDED, That
when the mother of an illegitimate child
initiates
an action, notice shall be
required only if paternity has been duly
established and the father has regularly
contributed to the child'£ support.
~HI~~
1 97 3 RCW SUPP.
see
See
4.24.030
ACTION BY WOMAN FOR HER Qlili
SEDUCT.IQJh
(1971s~c292§ 60; Code
1881 § 11; 1877 p 5 § 11; 1869 p 5 § 11;
1854 p 220 § 497; RRS § 186.] Repealed by
1973 1st ex.s. c 154 § 121.
ex.
4.24.120
ACTION EQR FALSELY CHARGING
~~!~RIME~!.. [Code 1881 § 747;1877-p--152
§ 752;
1854 p 219 § 487; RRS § 294.]
Repealed by 1973 1st ex.s. c 154 § 121.
Chapter 4.84
COSTS
4.84.250
AIIORN~Ys~
r~~~
!~ ~Q~rs I!
DAMAGE ACTIONS OF ONE THOUSAND DOLLARS OR
LEss:=At1owED-TO-PREVAILING-PARTi==iMouNT~
i;twithstanain9-any -other- provisions--of
chapter 4.84 RCW and RCW 12.20.060, in any
action for damages where the amount pleaded by the prevailing party as hereinafter
defined, exclusive of costs, is one thousand dollars or less, there shall be taxed
and allowed to the prevailing party as a
[ 17 ]
4.84.250
CIVIL PROCEDURE
--------------------------------------------------------------------------------------4.84.300
ATTORNEYS' FEES AS ~Q§I§ I!
DAMAGE ACTIONS oF-oNE-THOUSAND DOLLARS Q:R
LE~§==!gPLIC!TION. -The-provisions-of--RCW
4.84.250
through 4.84.290 shall apply
regardless of whether the action is commenced in justice court or superior court:
PROVIDED, That this section shall not be
construed as conferring jurisdiction on
either court. [ 1973 c 84 § 6.]
part of the costs of the action a reasonable amount to be fixed by the court as
attorneys' fees. ( 1973 c 81.1 § 1.]
4.84.260
ATTORNEYS' FEES AS CO§I§ I!
DAMAGE ACTIONs-op-oNE-THOUSAND ~Q11!]§ Q~
LESS::WHEN -PLAINTIFF- DEEMED-- fREV!11I!g
PART1:---The--p1aintift:--or-party seeking
relief, shall be deemed the prevailing
party within the meaning of RCW 4.84.250
when the recovery, exclusive of costs, is
as much as or more than the amount offered
in settlement by the plaintiff, or party
seeking
relief,
as set forth in RCW
4.84.280. ( 1973 c 84 § 2.]
4.84.310
!TToRNE!§~
r~~§
!§ £Q§Ts I!
DAMAGE ACTIONS OF ONE THOUSAND DOLLARS OR
LESS::ASSIGNED -CLAIMS:-~"he-provisions of
Rci4:"84.250-through-4.84.310. shall not
apply
to actions on assigned claims.
(1973 c 84 § 7.)
Chapter 4. 92
ACTIONS AGAINST STATE
4.84.270
!IIQRN~!§~ fEES !§
fQ§I§ I!
QAM!Q~
!£IIQNS Qf Q!~ !HQQ§!NQ QOLL!RS Q~
1~§S--Wfi~!
Q~l~]Q!!I
DE]~~~
cross References:
criminal act,
civil
actions against
state as consequence of criminal
act
abolished: RCW 7.68.040.
Victims of crimes, compensation, actions
against state abolished: RCW 7.68.040.
f~Y!111Bg
R.llTY~
The defendant, or party resisting
relief, shall be deemed the prevailing
party within the meaning of RCW 4.84.250,
if the plaintiff, or party seeking relief,
recovers nothing, or if the recovery,
exclusive of costs, is the same as or less
than the amount offered in settlement by
the defendant,
or the party resisting
relief,
as set forth in RCW 4.84.280.
[ 1973 c 84 § 3. )
4.92.010
~HERE
BRQ~GHT-=£9§!
~ONQ==
CHANGE OF !~NO~ Any person or corporation~aving any claim against the state of
washington shall have a right of action
against the state in the superior court.
The plaintiff in such action shall, at the
time of filing his complaint, file a
surety bond executed by the plaintiff and
a surety company authorized to do business
in the state of Washington to the effect
that such plaintiff will indemnify the
state against all costs that may accrue in
such action, and will pay to the clerk of
said court all costs in case the plaintiff
shall fail to prosecute his action or to
obtain
a judgment against the state:
PROVIDED, That in actions for the enforcement or foreclosure of any lien upon, or
to determine or quiet title to, any real
property in which the state of Washington
is a necessary or proper party defendant
no surety bond as above provided for shall
be required.
The venue for such actions shall be as
f.ollows:
(1)
The county of the residence or
principal place of business of one or more
of the plaintiffs;
(2)
The county where the cause of action arose;
(3)
The county in which the real property that is the subject of the action is
situated;
(4)
The county where the action may be
properly commenced by reason of the joinder of an additional defendant; or
(5)
Thurston county.
Actions shall be subject to change of
venue in accordance with statute, rules of
court, and the common law as the same now
exist or may hereafter be amended,
adopted, or altered.
4.84.280
ATTORNEY~ I~ES !§
fQ§I§ I!
!CTI.QNS Qf ON~ THQQ§!NQ QQLL!RS Ql!
LESS--OFFERS OF SETTLEMENT IN DETERMINING.
offersot-settlements"hau he-servedon
the adverse party in the manner prescribed
by applicable court rules.
Offers of
settlement shall not be filed or communicated to the trier of the fact until after
judgment, at which time a copy of said
offer of settlement shall be filed for the
purposes of determining attorneys• fees as
set forth in RCW 4.84.250. [1973 c 84 §
QAMAQ~
4.]
4.84.290
ATTORN,ll~ I~ES !§
£9§!§ I!
!fll.QNS QI ON~ THOUSAND ~Qll!!!§ OR
LESS--PREVAILING PARTY ON APPEAL. If the
caseiSappealed:-the prevailing party on
appeal shall be considered the prevailing
party for the purpose of applying the
provisions of RCW 4.84.250:
PROVIDED,
That if, on appeal, a retrial is ordered,
the court ordering the retrial
shall
designate the prevailing party, if any,
for the purpose of applying the provisions
of RCi 4.84.250.
In addition, if the prevailing party on
appeal would be entitled to attorneys'
fees under the provisions of RCW 4.84.250,
the court deciding the appeal shall allow
to the prevailing party such additional
amount as the court shall adjudge reasonable as attorneys• fees for the appeal.
(1973 c 84 § 5.)
DAMAG~
[
18
6.12.290
HOMESTEADS
--------------------------------------------------------------------------------------Actions shall be tried in the county in
which they have been commenced in the
absence of a seasonable motion by or in
behalf of the state to change the venue of
the action. [1973 c 44 § 1; 1963 c 159 §
1;
1927 c
216 § 1; 1895 c 95 § 1; RRS §
886.]
TITLE 6
ENFORCEMENT OF JUDGMENTS
6.12.040
~QQE
QE SELECTION--DECLARAIn-order-to-select-a
TION OF HOMESTEAD.
homestead the-hUsband, wife, or other head
of a family must execute and acknowledge,
in the same manner as a grant of real
property is acknowledged, a declaration of
homestead, and file the same for record.
(1973 1st ex.s. c 154 § 8; 1895 c 64 § 30;
RRS § 558.]
~~yg£2Qi1i!Y==121J 12! ~K.!..~ £ 154~
note following RCW 2.12.030.
See
sections added, amended, or repealed:
6.12.020
6.12.030
6.12.040
6.12.060
6. 12. 260
6.12.290
6.16.010
6.16.020
6.16. 070
6.16.090
From what it may be selected.
Selection from separate estate
of wife or husband.
Mode of selection--Declaration
of homestead.
Contents of declaration.
Money from sale protected.
"Head of family" defined.
"Householder" defined.
Exempt property specified.
Separate property of spouse
exempt.
Claim of exemption and proceedings thereon.
Chapter 6.12
HOMESTEADS
6.12.020
FROM WHAT IT MAY BE SELECTED.
If the claimant-be-marri;d--th;- homest;ad
may be selected from the community property, or, with the consent of the husband,
from his separate property. or, with the
consent of the wife,
from her separate
property.
When the claimant is not married, but is the head of a family within
the meaning of RCW 6.12.290 as now or
hereafter amended, the homestead may be
selected from any of his or her property.
(1973 1st ex.s. c 154 § 6; 1895 c 64 § 2;
RRS § 530.]
~~g£2~ili!Y==1211 12! g~2~ £ 12~l
note following RCW 2.12.030.
See
6.12.030
SELECTION FROM SEPARATE ES,!ATE QI illE Qli HU~IiAN:Q~ The-hom;steaa
cannot be selected from the
separate
property of the wife without her consent
or from the separate property of the
husband without his consent, shown by his
or her making the declaration of homestead.
(1973 1st ex.s. c 154 § 7; 1895 c
64 § 3; RRS § 531. J
~~gs.Qill!v-1971 121 ~.!.. £ 154l
note following RCW 2.12.C30.
1973 RCW SUPP.
see
[
6.12.060
CONTENTS OF DECLARATION. The
declaration of-homestead mus~contain­
(1)
A statement showing that the person
making it is the head of a family.
(2)
A statement that the person making
it is residing on the premises or has
purchased the same for a homestead and
intends to reside thereon and claims them
as a homestead.
(3)
A description of the premises.
(4)
An estimate of their actual cash
value.
[1973 1st ex.s. c 154 § 9; 1895 c
64 § 31; RRS § 559.]
~~yg£~~1i!I==1~73 1st ~Z~ £ 154l
note following RCW 2.12.030.
see
6.12.260
tlQ!EY FROM ~!1] ~SQ!~CTEQ.!..
The money paid to the claimant is entitled
to the same protection against
legal
process and the voluntary disposition of
the husband or wife which the law gives to
the homestead.
[1973 1st ex.s. c 154 §
10; 1895 c 64 § 21; RRS § 549.]
6. 12.2 90
~!!E~Q
Q£: FAMILY" .l2~£:l!i!;;Q~
The phrase "head of the family-;ii as used
in
this chapter, includes within its
meaning(1)
The
husband or wife, when the
claimant is a married person; or a widow
or widower still residing upon the premises occupied by her or him as a home while
married.
(2)
Every person who has residing on
the premises with him or her, and under
his or her care and maintenance, either-(a)
When such child or grandchild be
under eighteen years of age,
his or her
child
or grandchild or the child or
grandchild of his or her deceased wife or
husband.
(b)
When such brother or sister or
child be under eighteen years of age, a
brother or sister, or the child of a
deceased brother or sister.
(c)
A father,
mother, grandmother or
grandfather.
(d)
The father, mother, grandfather or
grandmother of deceased husband or wife.
(e)
Any other of the relatives mentioned in this section who has attained
the age of eighteen years, and are unable
19 ]
6.12.29C
ENFORCEMENT OF JUDGMENTS
---------------------------------------------------------------to take care of or support themselves.
[1973 1st ex.s. c 154 § 11; 1971 ex.s. c
292 § 5; 1933 c 36 § 1; 1895 c 64 § 25;
RRS § 553.]
~g_yg.@ilii~ 1971 l§i ~§.!.. £ 154.i.
note following RCW 2.12.030.
See
Chapter 6.16
PERSONAL EXEMPTIONS
6.16.010
"HOUSEHOLDER"
DEFINED.
A
householder, as designated in-all statutes
relating to exemptions, is defined to be:
(1)
The husband and wife, or either.
(2)
Every person who has residing with
him or her, and under his or her care and
maintenance, either:
(a)
When such child be under eighteen
years of age, his or her child, or the
child of his or her deceased wife or
husband.
(b)
When such brother or sister or
child be under eight~en years of age, a
brother or sister, or the child of a
deceased brother or sister.
(c)
A father,
mother, grandfather or
grandmother.
(d)
The father, mother, grandfather or
grandmother of deceased husband or wife.
(e)
Any other of the relatives mentioned in this section who has attained
the age of eighteen years, and are unable
to take care of or support themselves.
[1973 1st ex.s. c 154 § 12; 1971 ex.s.
c
292 § 6; 1897 c 57 § 2; RRS § 565.]
~~~g,QiliiY
1~73 lii ex. S.:.. £ 12~1.
note following RCW 2.12.030.
See
6.16.020
EXEMPT
PROPERTY ~PE~lFI~Q~
The following-personal-property shall be
exempt
from execution and attachment,
except as hereinafter specially provided:
(1)
All wearing apparel of every person
and family, but not to exceed five hundred
dollars in value in furs, jewelry, and
personal ornaments for any person.
(2)
All private libraries not to exceed
five hundred dollars in value, and all
family pictures and keepsakes.
(3)
To each householder, (a) his household goods, appliances, furniture and home
and yard equipment, not to exceed one
thousand dollars in value;
(b)
provisions and fuel for the comfortable maintenance of such household and
family for three months; and
(c)
other property not to exceed four
hundred dollars in value, of which not
more than one hundred dollars in value may
consist of cash, bank accounts, savings
and loan accounts, stocks, bonds, or other
securities.
(4)
To a person not a householder,
other property not to exceed two hundred
dollars in value, of which not more than
one hundred dollars in value may consist
of cash, bank accounts, savings and loan
accounts,
stocks,
bonds,
or
other
securities.
(5) To a farmer, farm trucks, farm
stock, farm tools,
farm equipment, supplies and seed, not to exceed one thousand
five hundred dollars in value.
(6)
To a physician, surgeon, attorney,
clergyman, or other professional man, his
library, office furniture,
office equipment and supplies, not to exceed one
thousand five hundred dollars in value.
(7}
To any other person, the tools and
instruments and materials used to carry on
his trade for the support of himself or
family, not to exceed one thousand five
hundred dollars in value.
The property referred to in the foregoing subsection
(3)
shall be selected by
the husband or wife if present, and in
case neither husband nor wife Lor other
person entitled to the exemption shall be
present to make the selection, then the
sheriff or the director of public safety
shall make a selection equal in value to
the applicable exemptions above described
and he shall return the same as exempt by
inventory. Any selection made as above
provided shall be prlma facie evidence (a)
that the property so selected is exempt
from execution and attachment, and (b)
that the property so selected is not in
excess of the values specified for the
exemptions. Except as above provided, the
exempt property shall be selected by the
person claiming the exemption.
No person
shall be entitled to more than one exemption under the provisions of the foregoing
subsections (5). (6) and (7).
For purposes of this section "value"
shall mean the reasonable market value of
the article or item at the time of its
selection, and shall be of the debtor's
interest therein, exclusive of all liens
and encumbrances thereon.
Wages, salary, or other
compensation
regularly paid for personal services rendered by the person claiming the exemption
may not be claimed as exempt under the
foregoing provisions, but the same may be
claimed as exempt in any bankruptcy or
insolvency proceeding to the same extent
as allowed under the statutes relating to
garnishments.
No property shall be exempt under this
section from an execution issued upon a
judgment for all or any part of the
purchase price thereof, or for any tax
levied upon such property.
[1973 1st
ex.s. c 154 § 13; 1965 c 89 § 1; 1886 p 96
§ 1; Code 1881 § 347; 1819 p 157 § 1; 1877
p 73 § 351; 1869 p 87 § 343; 1854 p 178 §
253; RRS § 563.)
~gygfsbi11iY==1211
12!
g!.:..§~
note following RCW 2.12.030.
£ 12~1
See
SEPARATE PROPERTY OF ~ggQ~~
All--rear--and--personal- estate
belonging to any married person at the
time of his or her marriage, and all which
he or she may have acquired subsequently
6.16.070
~~fi~
[ 20 ]
7.12.020
ATTACHMENT
--------------------------------------------------------------------------------------to such marriage, or to which he or she
shall hereafter become entitled in his or
her own right, and all his or her personal
earnings, and all the issues, rents and
profits of such real estate, shall be
exempt from attachment and execution upon
any liability or judgment against the
other spouse, so long as he or she or any
minor heir of his or her body shall be
living:
PROVIDED, That the separate property of each spouse shall be liable for
debts owing by him or her at the time of
marriage. [1973 1st ex.s •. c 154 § 14;
code 1881 § 341; 1877 p 71 § 345; 1869 p
85 § 337; 1854 p 178 § 252; RRS § 570.]
~gyg£abilii~ 1~IJ 1~1 g~~
note following RCW 2.12.030.
£
~l
See
6.16.090
CLAJ~
OF EXEMPTION AND PROCEEDINGS THEREON, As-used~-this-section
the--masculine--shall apply also to the
feminine.
When a debtor claims personal property
as exempt he shall deliver to the officer
making the levy an itemized list of all
the personal property owned or claimed by
him, including money, bonds, bills, notes,
claims and demands, with the residence of
the person indebted upon the said bonds,
bills, notes, claims and demands, and
shall verify such list by affidavit. He
shall also deliver to such officer a list
by separate items of the property he
claims as exempt.
If the creditor, his
agent or attorney demand an appraisement
thereof, two disinterested householders of
the neighborhood shall be chosen, one by
th~ debtor and the other by the
creditor,
his agent or attorney, and these two, if
they cannot agree, shall select a third;
but if either party fail to choose an
appraiser, or the two fail to select a
third, or if one or more of the appraisers
fail to act, the officer shall appoint
one.
The appraisers shall forthwith proceed to make a list by separate items, of
the personal property selected by the
debtor as exempt, which they shall decide
as exempt, stating the value of each
article, and annexing to the list their
affidavit to the following effect:
"We
solemnly swear that to the best of our
judgment the above is a fair cash valuation of the property therein described,"
which affidavit shall be signed by two
appraisers at least, and be certified by
the officer administering the oaths. The
list shall be delivered to the officer
holding the execution or other process and
be by him annexed to and made part of his
return and the property therein specified
shall be exempt from levy and sale, and
the other personal estate of the debtor
shall remain subject thereto.
In case no
appraisement be required the officer shall
return with the process the list of the
property claimed as exempt by the debtor.
The appraisers shall each be entitled to
one dollar, to be paid by the creditor, if
all the property claimed by the debtor
197 3 RCW SUPP.
[ 21
shall be exempt; otherwise to be p~id by
the debtor.
[ 1973 1st ex.s. c 154 § 15;
Code 1881 § 349; 1877 p 74 § 353;
1869 p
88 § 346; RRS § 572.]
~~Xg£~Qili!Y~1~J 12! g~~~ £ 12!1
note following RCW 2.12.030.
see
TITLE 7
SPECIAL PROCEEDINGS
sections added, amended, or repealed:
7.12.020
Affidavit for writ--Issuance of
writ-Grounds.
7.36.020
Parents, guardians, etc., may
act for persons under
disability.
7.48.241)
Certain places of resort declared nuisances.
~h~E!~£ 1~&§
tiQn~
7.68.010
7.68.020
7.68.030
7.68.040
7.68.050
7.68.060
1. 68
.rno
7.68.080
7.68.090
7.68.100
7.68.110
7.68.120
7.68.130
7.68.140
7.68.150
7.68.160
7.68.900
7.68.910
!ictime 2f
~£i~~~~£m£gn~s=
Intent.
Definitions.
Duties of department--General
provisions.
civil actions against state and
jurisdiction of courts
abolished.
Right of action against
perpetrator.
Applications for benefits.
Benefits--Right to and amount.
Medical aid.
Establishment of funds.
Physicians• reporting.
Appeals.
Reimbursement.
Collateral resources.
Confidentiality.
Benefits, payments and costs to
be funded and accounted for
separately.
Claims of persons injured prior
to effective date.
Effective date.
Section captions.
c ha pt er
7 • 12
ATTACHMENT
1.12 .o2o
A.n:IDA!!I £:OR wRn:.~IssuANcE
OF WRIT--GROUNDS.
The writ of attachment
shalr-be-iss~by the clerk of the court
in which the action is pending; but before
any such writ of attachment shall issue,
the plaintiff, or someone in his behalf,
shall make and file with such clerk an
]
7.12.020
SPECIAL PROCEEDINGS
--------------------------------------------------------------------------------------affidavit showing that the defendant is
indebted to the plaint~ff (specifying the
amount of such indebtedness over and above
all
just credits and offsets), and that
the attachment is not sought and the
action is not prosecuted to hinder, delay,
or defraud any creditor of the defendant,
and either:
( 1)
That the defendant is a foreign
corporation; or
(2)
That the defendant is not a resident of this state; or
(3)
That the defendant conceals himself
so that the ordinary process of law cannot
be served upon him; or
(4)
That the defendant has absconded or
absented himself from his usual place of
abode in this state, so that the ordinary
process of law cannot be served upon him;
or
(5)
That the defendant has removed or
is about to remove any of his property
from this state, with intent to delay or
defraud his creditors; or
(6)
That the defendant has assigned,
secreted, or disposed of, or is about to
assign, secrete, or dispose of, any of his
property, with intent to delay or defraud
his creditors; or
(7)
That the defendant is about to
convert his property, or a part thereof,
into money, for the purpose of placing it
beyond the reach of his creditors; or
(8)
That the defendant has been guilty
of a fraud in contracting the debt or
incurring the obligation for which the
action is brought; or
(9)
That the damages for which the
action is brought are for injuries arising
from the commission of some felony; or
(10)
That the object for which the
action is brought is to recover on a
contract, express or implied.
( 1973 1st
ex.s. c 154 § 16; 1923 c 159 § 1; 1886 p
39 § 2; RRS § 648. Prior: Code 1881 §§
174-192;
1877 pp 35-40; 1873 pp 43-50;
1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112120; 1860 pp 30-36; 1854 pp 155-162.]
~.E.!~ab;L.litv
1~73
1§1 .§.!.:..§~ £ ill.;_
note following RCW 2.12.030.
See
Chapter 7.36
HABEAS CORPUS
7.36.020
~I~L GU!BDI!li~L ET£~~ ~!I
!CT fQB RERSQ!§ Q!~~E DI§~l1III~
Writs
of habeas corpus shall be granted in favor
of parents, guardians, spouses, and next
of kin, and to enforce the rights, and for
the protection of infants and
insane
persons;
and the proceedings shall in all
cases conform to the provisions of this
chapter. (1973 1st ex.s. c 154 § 17; Code
1881 § 688; 1877 p 141 § 692; 1869 p 159 §
6 2 8; 18 54 p 2 1 4 § 4. 56 ; RR S § 1 0 6 4 • )
~~,tlgbility
1~7 3 1§1 tl.:.§.:. £
note following RCW 2.12.030.
~.!H.
See
Chapter 7.48
NUISANCES
7.48.240
CERTAIN PLACES OF RESORT DECLARED NuisANcE~ Houses -of--III-fame;
kept~or~he-purpose,
where persons are
employed for purposes of prostitution; all
public houses or places of resort where
gambling is carried on, or permitted; all
houses or places within any city, town, or
village, or upon any public road, or
highway
where
drunkenness,
gambling,
fighting or breaches of the peace are
carried on, or p~rmitted; all opium dens,
or houses, or places of resort where opium
smoking is permitted, are nuisances, and
may be abated, and the owners, keepers, or
persons in charge thereof, and persons
carrying on such unlawful business shall
be punished as provided in this chapter.
(1973 1st ex.s. c 154 § 18; Code 1881 §
1247; 1875 p 81 § 13; RRS § 9924.]
~gyg£gbi1i1Y==1~73 1§1 §!~§.:. £ 1~~~
note following RCW 2.12.030.
See
Chapter 7.68
VICTil'!S OF CRil'!ES-COl'!PENSATION
7.68.010
INTENT. It is the intent of
the legislature-of-the state of Washington
to provide a method of compensating and
assisting those residents of the state who
are innocent victims of criminal acts and
who suffer bodily injury or death as a
consequence thereof. To that end,
it is
the intention of the legislature to make
certain of the benefits and services which
are now or hereafter available to injured
workmen under Title 51 RCW also available
to innocent victims of crime as defined
and provided for in this chapter.
(1973
1st ex.s. c 122 § 1.]
7.68.020
DEFINITIONS.
The following
words and phrases-as-used in this chapter
shall have the following meanings unless
the context otherwise requires:
(1)
"Department" means the department
of labor and industries;
(2)
"Criminal act" means an act committed or attempted in this state which is
punishable as a felony or gross misdemeanor under the laws of this state:
PROVIDED, That the operation of a motor vehicle,
motorcycle, train, boat, or aircraft in
violation of law does not constitute a
"criminal act" unless the injury or death
was intentionally inflicted or the operation thereof was part of the commission of
another criminal act as defin~d in this
section:
PROVIDED FURTHER: (a)
That neither an acquittal in a criminal prosecution
nor
the
absence
of any such
prosecution shall be admissible in any
claim or proceeding under this chapter as
evidence of the noncriminal character of
the acts giving rise to such claim or
[ 22 ]
VICTIMS OF CRIMES--COMPENSATION
7.68.070
--------------------------------------------------------------------------------------proceeding; (b)
that evidence of a criminal conviction arising from acts which are
the basis for a claim or proceeding under
this chapter shall be admissible in such
claim or proceeding for the limited purpose of proving the criminal character of
the acts; (c)
that acts which, but for
the insanity or mental irresponsibility of
the perpetrator, would constitute criminal
conduct shall be deemed to be criminal
conduct within the
meaning
of
this
chapter.
(3)
"Victim" means a resident of the
state who suffers bodily injury or death
as a proximate result of a criminal act of
another person, the victim's own good
faith and reasonable effort to prevent a
criminal act, or his good faith effort to
apprehend a person reasonably suspected of
engaging in a criminal act.
For the
purposes of receiving benefits pursuant to
this chapter, "victim" shall be interchangeable with "employee" or "workman" as
defined in chapter 51.08 RCW.
(4)
"Child", "accredited school",
"dependent", "beneficiary", "average monthly
wage", "director", "injury", "invalid",
"permanent partial disability". and "permanent total disability" shall have the
meanings assigned to them in chapter 51.08
RCW. (1973 1st ex.s. c 122 § 2.]
7.68.o3o
DUII~~
Qr
Q~~RIH~NI==§~NERA1
It shall be the duty of the
director to establish and administer a
program of benefits to victims of criminal
acts within the terms and limitations of
this chapter. In so doing, the director
shall, in accordance with chapter 34.04
RCW, adopt rules and regulations necessary
to the administration of this chapter, and
the provisions contained in chapter 51.04
RCW, including but not limited to RCW
51.04.020, 51.04.030, 51.04.040, 51.04.050
and 51.04.100 as now or hereafter amended,
shall apply where appropriate in keeping
with the intent of this chapter. [1973
1 st ex. s • c 1 2 2 § 3 • J
ggQVISIQN~
7.68.C40
CI1I1 A£IION~ !~!!NSI ~TAI~
!Ill ~QRI~QICI1QN OF £0URT~ AB01I~HE~~
In
keeping with the intent of the legislature
as set forth in RCW 7.68.010, all civil
actions and civil causes of action against
the state for injury or death as
a
consequence of a criminal act, and all
jurisdiction of the courts of the state
over such causes, are hereby abolished
except as in this chapter provided. (1973
1st ex.s. c 122 § 4.]
7.68.050
RIGHT OF ACTION AGAINST PERPETRATOR.
No--right of--action--at -law
again~-a person who has committed a
criminal act, for damages as a consequence
of such act, shall be lost as a consequence of rece~v~ng benefits under the
provisions of this chapter. In the event
any person receiving benefits under this
1973 RCW SUPP.
chapter additionally seeks a remedy for
damages from the person or persons who
have committed the criminal act resulting
in damages,
then and in that event the
department shall be subrogated to and have
a lien upon any recovery so made to the
extent of the payments made by the department to or on behalf of such person under
this chapter. ( 1973 1st ex. s. c 122 § 5. ]
7.68.060
APPLICATIONS
FOR BENEFITS.
For the purposes-of-applying-for -benefits
under this chapter, the rights, privileges, responsibilities, duties, limitations
and procedures contained in RCW 51.28.020,
51.28.030, 51.28.040 and 51.28.060 as now
or hereafter amended shall apply:
PROVIDED, That no compensation of any kind shall
be available under this chapter if an
application for benefits is not received
by
the department within one hundred
eighty days after the date of injury or
one hundred twenty days after the date of
death of the victim, or the rights of
dependents or beneficiaries accrued, if
such is the case. [1973 1st ex.s. c 122 §
6. ]
7.68.070
BENEFITS--RIGHT
!Q
AND
AMOUNT. The right-to-benefits under this
chapter and the amount thereof will be
governed insofar as is applicable by the
provisions contained in chapter 51.32 RCW
except as provided in this section:
(1)
The provisions contained in RCW
51.32.005, 51.32.015,
51.32.030,
51.32.070, 51.32.073, 51.32.180, 51.32.190 and
51.32.200 as now or hereafter amended are
not applicable to this chapter.
(2)
Each victim injured as a result of
a criminal act, or his family or dependents in case of death of the victim, are
entitled to benefits in accordance with
this chapter,
and the rights,
duties,
responsibilities, limitations and procedures applicable to a workman as contained
in RCW 51.32.010 as now or hereafter
amended are applicable to this chapter.
(3)
The limitations contained in RCW
51.32.020 as now or hereafter amended are
applicable to claims under this chapter.
In addition thereto, no person or spouse,
child or dependent of such person shall be
entitled to benefits under this chapter
when the injury for which benefits are
sought was the result of consent, provocation or incitement by the victim, was the
result of an act or acts committed by a
person residing with the victim or who is
a spouse, child, parent, or sibling of the
victim by the half or whole blood, adoption or marriage, when the person injured
sustained his injury as a result of his
assisting, attempting, or committing a
criminal act, or occurred while the victim
was resident in any county or city jail or
any state institution maintained and operated by the department of social and
health services.
[ 23 ]
7.68.070
SPECIAL PROCEEDINGS
--------------------------------------------------------------------------------------(4)
The benefits established upon the
death of a workman and contained in RCW
51.32.050 as now or hereafter amended
shall be the benefits obtainable under
this chapter and prov~s~ons relating to
payment contained in that section shall
equally apply under this chapter: PROVIDED, That in the event of the death of a
victim who was not gainfully employed at
the time of death,
and who was not so
employed for at least three of the twelve
months immediately preceding injury, benefits payable to an eligible surviving
spouse shall be limited to burial expenses
as provided in RCW 51.32.050 as now or
hereafter amended and a lump sum payment
of seven thousand five hundred dollars
without
reference to children; if no
spouse survives, then such burial expenses
shall be paid, and each eligible child
shall receive a lump sum payment of two
thousand five hundred dollars.
No other
benefits shall be paid or payable under
these circumstances.
(5)
The benefits established in RCW
51.32.060 as now or hereafte~ amended for
permanent total disability shall be the
benefits obtainable under this chapter,
and provisions relating to payment contained in that section shall apply under
this chapter:
PROVIDED, That in the event
a victim who is permanently totally disabled was not gainfully employed at the
time of his injury, "wages", for the
purpose of calculation of benefits, where
required,
shall be deemed to be the
average monthly wage determined pursuant
to RCW 51.08.018 as now or hereafter
amended.
(6)
The benefits established in RCW
51.32.080 as now or hereafter amended for
permanent partial disability shall be the
benefits obtainable under this chapter,
and prov~s~ons relating to payment contained in that section shall egually apply
under this chapter.
(7)
The benefits established in RCW
51.32.090 for temporary total disability
shall be the benefits obtainable under
this chapter, and provisions relating to
payment contained in that section shall
apply under this chapter: PROVIDED, That
no person shall be eligible for temporary
total disability benefits under this chapter unless such person was
gainfully
employed at the time of his injury.
(8)
The benefits established in RCW
51.32.095 as now or hereafter amended for
continuation of benefits during vocational
rehabilitation shall be benefits obtainable under this chapter, and provisions
relating to payment contained in that
section shall apply under this chapter.
(9)
The provisions for lump sum payment
of benefits upon death or permanent total
disability as contained in RCW 51.32.130
as now or hereafter amended shall apply
under this chapter.
(10)
The provisions relating to payment
of benefits to,
for or on behalf of
[ 24
workmen contained in RCW 51.32.040, 51.32.055,
51.32.100, 51.32.110, 51.32.120,
51.32.135, 51.32.140, 51.32.150, 51.32.160
and 51.32.210 as now or hereafter amended
shall be applicable to payment of benefits
to, for or on behalf of victims under this
chapter. [ 1973 1st ex.s. c 122 § 7.]
7.68.080
~~~1fAL
hi~~
The provisions
of chapter 51.36 RCW shall govern the
provision of medical aid under this chapter except that:
(1)
The prov~s~ons contained in RCW
51.36.030 and 51.36.040 as now or hereafter
amended shall not apply to this
chapter;
(2)
The specific provisions of RCW 51.36.020 as now or hereafter amended relating to supplying emergency transportation
shall not apply:
PROVIDED, That when the
injury to any victim is so serious as to
require his being taken from the place of
injury to a place of treatment, reasor.able
transportation costs to the nearest place
of proper treatment shall be reimbursed
from the fund established pursuant to RCW
7.68.090. [1973 1st ex.s. c 122 § 8.]
7.68.090
~STABLISH~~li! Qf f~~Q~~
The
director shall establish such fund or
funds, separate from existing funds,
necessary to administer this chapter, and
payment to these funds shall be from
legislative appropriation, reimbursement
and subrogation as provided in this chapter,
and from any contributions or grants
specifically so directed. [1973 1st ex.s.
c122§9.]
7.68.100
PHYSICIANS'
R~POgii!~~
The
requirements
physicians' reporting contained in RCW 51.36.060 and
51.48.060 as now or hereafter amended
shall apply under this chapter. Any funds
collected pursuant to RCW 51.48.060 as now
or hereafter amended shall be paid into
the fund established pursuant to
RCW
7.68.090. [1973 1st ex.s. c 122 § 10.]
relating-to
7.68.110
APPEALS. The provisions contained in chapte~s1:52 RCW relating to
appeals shall govern appeals under this
chapter:
PROVIDED, That no
prov~s~on
contained in chapter 51.52 RCW concerning
employers as parties to any settlement,
appeal or other action shall apply to this
chapter: PROVIDED FURTHER, That appeals
taken from a decision of the board of
industrial insurance appeals under this
chapter shall be governed by the provisions relating to judicial review
of
administrative decisions contained in RCW
34.04.130 and 34.04.140 as now or hereafter amended. (1973 1st ex.s. c 122 § 11. J
J
TITLE 8
DIGEST OF TITLE
--------------------------------------------------------------------------------------7.68.120
REIMBURSEMENT.
Any
person
who has committed--a--criminal act which
resulted in injury compensated under this
chapter may be required to make reimbursement to the department as hereinafter
provided.
(1)
Any payment of benefits to or on
behalf of a victim under this chapter
creates a debt due and owing to the
department by any person found to have
committed such criminal act in either a
civil or criminal court proceeding in
which he is a party: PROVIDED, That where
there has been a superior or district
court order, or an order of the board of
prison terms and paroles or the department
of social and health services, as hereinafter provided, the debt shall be limited
to the amount provided for in said order.
A court order shall prevail over any other
order.
(2)
Upon being placed on work release
pursuant to chapter 72.65 RCW,
or upon
release from custody of a state correctional facility on parole, any convicted
person who owes a debt to the department
as a consequence of a criminal act may
have the schedule or amount of payments
therefor set as a condition of
work
release or parole by the department of
social and health services or board of
prison terms and paroles respectively,
subject to modification based on change of
circumstances. such action shall be binding on the department.
(3)
Any requirement for payment due and
owing the department by a convicted person
under this chapter may be waived, modified
downward or otherwise adjusted by the
department in the interest of justice and
the rehabilitation of the
individual.
[ 1973 1st ex.s. c 122 § 12.]
7.68.130
COLLATERAL RESOURCES.
Benefits paid pursuant-to thiS-chapter shall
be reduced by the amount of any other
public or private insurance, industrial
insurance, or medical health or disability
benefits available.
Payment by the department under this chapter shall
be
secondary
to such other ~nsurance or
benefits, notwithstanding the provision of
any contract or coverage to the contrary.
[ 1973 1st ex.s. c 122 § 13.]
7.68.140
£QNFIDENIIALITY~
Information
contained in the claim files and records
of victims, under the provisions of this
chapter, shall be deemed confidential and
shall not be open to public inspection
(other than to public employees in the
performance of their official duties) , but
a representative of a claimant, be it an
individual or an organization, may review
a claim file or receive specific information therefrom upon the presentation of
the signed authorization of the claimant.
[1973 1st ex.s. c 122 § 14.]
1973 RCW SUPP.
[ 25
7.68.150
~~!~~II~ fAX~EMI~ !NQ £Q2I~
IQ ~~ FUMQ~Q AND ACCOUNTED FOR SEPARATELY.
All benefits and payients- made;--and--all
administrative costs accrued, pursuant to
this chapter shall be funded and accounted
for separate from the other operations and
responsibilities of the department. (1973
1st ex.s. c 122 § 15.]
7.68.160
£1!!~§
Q~
f~RSO!§
!!JUR~Q
PR!QR IQ ~E~~£TI!~ Q!I~~ Any person who
has been injured as a result of a ~crimi­
nal act" as herein defined on or after
January 1, 1972 up to the effective date
of this 1973 act, who would otherwise be
eligible for benefits under this 1973 act,
may for a period of ninety days from the
effective date of this 1973 act, file a
claim for benefits with the department on
a form provided by the department.
The
department shall investigate and review
such claims, and, within two hundred ten
days of the effective date of this 1973
act, shall report to the
legislative
budget committee and the governor its
findings and recommendations as to such
claims, along with a statement as to what
special legislative relief, if any, the
department recommends should be provided.
(1973 1st ex.s. c 122 § 16.]
~ffectiyg !l.at.g
1973 1st ~~§.~ £
See RCW 7.68.900 and note following.
1£.?.:..
7.68.900
EFFECTIVE DATE. This chapter
shall take effect-on-July-1, 1974. (1973
1st ex.s. c 122 § 17.]
~!!!!!ling_ £!i9.!!i£ed;_
"This bill shall not
take effect until the funds necessary for
its implementation have been specifically
appropriated by the legislature and such
appropriation itself has become law.
It
is the intention of the legislature that
if the governor shall veto this section or
any item thereof, none of the provisions
of this bill shall take effect."
(1973
1st ex.s. c 122 § 21.)
7.68.910
SECTION CAPTIONS.
Section
captions as -used--in--this--act do not
constitute any part of the law. [ 1973 1st
ex.s. c 122 § 20.]
TITLE 8
EMINENT DOMAIN
Sections added, amended, or repealed:
8.04.090
8.04.160
J
Order for immediate possession--Payment of tender in~o
court.
Award, how paid into court.
TITLE 8
DIGEST OF TITLE
--------------------------------------------------------------------------------------7.68.120
REIMBURSEMENT.
Any
person
who has committed--a--criminal act which
resulted in injury compensated under this
chapter may be required to make reimbursement to the department as hereinafter
provided.
(1)
Any payment of benefits to or on
behalf of a victim under this chapter
creates a debt due and owing to the
department by any person found to have
committed such criminal act in either a
civil or criminal court proceeding in
which he is a party: PROVIDED, That where
there has been a superior or district
court order, or an order of the board of
prison terms and paroles or the department
of social and health services, as hereinafter provided, the debt shall be limited
to the amount provided for in said order.
A court order shall prevail over any other
order.
(2)
Upon being placed on work release
pursuant to chapter 72.65 RCW,
or upon
release from custody of a state correctional facility on parole, any convicted
person who owes a debt to the department
as a consequence of a criminal act may
have the schedule or amount of payments
therefor set as a condition of
work
release or parole by the department of
social and health services or board of
prison terms and paroles respectively,
subject to modification based on change of
circumstances. such action shall be binding on the department.
(3)
Any requirement for payment due and
owing the department by a convicted person
under this chapter may be waived, modified
downward or otherwise adjusted by the
department in the interest of justice and
the rehabilitation of the
individual.
[ 1973 1st ex.s. c 122 § 12.]
7.68.130
COLLATERAL RESOURCES.
Benefits paid pursuant-to thiS-chapter shall
be reduced by the amount of any other
public or private insurance, industrial
insurance, or medical health or disability
benefits available.
Payment by the department under this chapter shall
be
secondary
to such other ~nsurance or
benefits, notwithstanding the provision of
any contract or coverage to the contrary.
[ 1973 1st ex.s. c 122 § 13.]
7.68.140
£QNFIDENIIALITY~
Information
contained in the claim files and records
of victims, under the provisions of this
chapter, shall be deemed confidential and
shall not be open to public inspection
(other than to public employees in the
performance of their official duties) , but
a representative of a claimant, be it an
individual or an organization, may review
a claim file or receive specific information therefrom upon the presentation of
the signed authorization of the claimant.
[1973 1st ex.s. c 122 § 14.]
1973 RCW SUPP.
[ 25
7.68.150
~~!~~II~ fAX~EMI~ !NQ £Q2I~
IQ ~~ FUMQ~Q AND ACCOUNTED FOR SEPARATELY.
All benefits and payients- made;--and--all
administrative costs accrued, pursuant to
this chapter shall be funded and accounted
for separate from the other operations and
responsibilities of the department. (1973
1st ex.s. c 122 § 15.]
7.68.160
£1!!~§
Q~
f~RSO!§
!!JUR~Q
PR!QR IQ ~E~~£TI!~ Q!I~~ Any person who
has been injured as a result of a ~crimi­
nal act" as herein defined on or after
January 1, 1972 up to the effective date
of this 1973 act, who would otherwise be
eligible for benefits under this 1973 act,
may for a period of ninety days from the
effective date of this 1973 act, file a
claim for benefits with the department on
a form provided by the department.
The
department shall investigate and review
such claims, and, within two hundred ten
days of the effective date of this 1973
act, shall report to the
legislative
budget committee and the governor its
findings and recommendations as to such
claims, along with a statement as to what
special legislative relief, if any, the
department recommends should be provided.
(1973 1st ex.s. c 122 § 16.]
~ffectiyg !l.at.g
1973 1st ~~§.~ £
See RCW 7.68.900 and note following.
1£.?.:..
7.68.900
EFFECTIVE DATE. This chapter
shall take effect-on-July-1, 1974. (1973
1st ex.s. c 122 § 17.]
~!!!!!ling_ £!i9.!!i£ed;_
"This bill shall not
take effect until the funds necessary for
its implementation have been specifically
appropriated by the legislature and such
appropriation itself has become law.
It
is the intention of the legislature that
if the governor shall veto this section or
any item thereof, none of the provisions
of this bill shall take effect."
(1973
1st ex.s. c 122 § 21.)
7.68.910
SECTION CAPTIONS.
Section
captions as -used--in--this--act do not
constitute any part of the law. [ 1973 1st
ex.s. c 122 § 20.]
TITLE 8
EMINENT DOMAIN
Sections added, amended, or repealed:
8.04.090
8.04.160
J
Order for immediate possession--Payment of tender in~o
court.
Award, how paid into court.
TITLE 8
EMINENT DOMAIN
appropriated and' acquired, and the title
of the action or proceeding in which said
award is rendered, it shall be the duty of
the office of program planning and fiscal
management to forthwith issue a warrant
upon the state treasury to the order of
the attorney general in a sum sufficient
to make payment in money of said award and
the costs of said proceeding, and thereupon it shall be the duty of said attorney
general to forthwith pay to the clerk of
said court in money the amount of said
award and costs.
[1973 c 106 § 8; 1891 c
74 § 10; RRS § 900.)
Chapter 8. 04
EMINENT DOMAIN BY STATE
8.04.090
ORQ~B FO]
I~MEQI!I~
£Q~ES=
SION--PAYMENT OF TENQ~ INTO COURT. In
case-the--state shall require -immediate
possession and use of the property sought
to be condemned, and an order of necessity
shall have been granted, and no review has
been taken therefrom, the attorney general
may stipulate with respondents in accordance with the provisions of this section
and RCW 8.04.092 and 8.04.094 for an order
of immediate possession and use, and file
with the clerk of the court wherein the
action is pending, a certificate of the
state•s requirement of immediate possession and us~ of the land, which shall
state the amount of money offered to the
respondents and shall further state that
such offer constitutes a continuing tender
of such amount.
The attorney general
shall file a copy of the certificate with
the office of program planning and fiscal
management, who forthwith shall issue and
deliver to him a warrant payable to the
order of the clerk of the court wherein
the action is pending in a sum sufficient
to pay the amount offered, which shall
forthwith be paid into the registry of the
court.
The court without further notice
to respondent shall enter an order granting to the state the immediate possession
and use of the property described in the
order of necessity, which order shall bind
the petitioner to pay the full amount of
any final judgment of compensation and
damages which may thereafter be awarded
for the taking and appropriation of the
lands, real estate, premises,
or other
property described in the petition and for
the injury, if any, to the remainder of
the lands, real estate, premises, or other
property from which they are to be taken
by reason of such taking and appropriation, after offsetting against any and all
such compensation and damages the special
benefits, if any, accruing to such remainder by reason of the appropriation and use
by the state of the lands, real estate,
premises, or other property described in
the petition. The moneys paid into court
may at any time after entry of the order
of immediate possession, be withdrawn by
respondents,
by order of the court, as
their interests shall appear. [1973 c 106
§ 7; 1955 c 213 § 4. Prior:
1951 c 177 §
1; 1925 ex.s. c 98 § 1, part; RRS § 894,
TITLE 9
CRIMES AND PUNISHMENTS
Sections added, amended, or repealed:
9.45.250
Fraud in obtaining cable television services.
9.46.010
9. 46.020
9.46.030
Legislative declaration.
Definitions.
Certain gambling activities
authorized.
Gambling commission--Members-Appointment--Vacancies,
filling.
Gambling commission--Chairman-Quorum--Meetings--Per diem and
travel expenses--Bond--Removal.
Gambling commission--Counsel-Audits--Payment for.
Gambling commission--Powers and
duties.
Gambling commission--Administrator--Staff--Rules and
regulations.
Gambling commission--Reports.
Gambling revolvin,g fund-Created--Receipts--Disbursements-Use.
Taxation of gambling activities--Limitations--Restrictions
as to punch boards or pulltabs.
Restrictions as to management
or operation personnel--Restriction as to leased
premises.
Inspection and audit of premises, paraphernalia, books and
records-Reports for department
of revenue.
Gambling commission--Hearing
and subpoena power.
Injunctions--Voiding of licenses, permits or certificates.
Conducting gambling activity
without license as violation-Penalties.
False or misleading entries or
statements, refusal,to produce
9.46.040
9.46.050
9.46.060
9.46.070
9.46.080
9.46.090
9.46.100
9.46.110
9.46.120
9. 46. 130
pa~t.]
8.04.160
awAR~ now RAID
I!!Q £OURT~
Whenever the attorney gene~al shall file
with the director of the office of program
planning and fiscal management a certificate setting forth the amount of any award
found against the state of Washington
under the provisions of RCW
8.04.010
through 8.04.160, together with the costs
of said proceeding, and a description of
the
lands and premises sought to be
[
9.46.140
9. 46. 150
9. 46. 1 60
9. 46.170
26
]
TITLE 9
DIGEST OF TITLE
--------------------------------------------------------------------------------------9.46.180
9.46.190
9.46.200
9.46.210
9.46.220
9.46.230
9.46.240
9.46.250
9.46.260
9.46.270
9.46.280
9.46.285
9.46.900
9.47.150
9.47.160
9.47.170
9.4 7. 300
9.47.310
9.47.320
9.47.330
9.47.340
9.47.350
9.47.360
9.47.370
9.47.380
9.47.390
9.47.400
records, as violations-Penalty.
Causing organization to violate
chapter as violation--Penalty.
Violations relating to fraud or
deceit--Penalty.
Action for money damages due to
violations--Interest--Attorneys' fees--Class action.
Enforcement.
Professional gambling as violation-Penalty.
Seizure and disposition of gambling devices~owning, buying,
selling, etc., gambling devices
or records--Penalties.
Gambling information, transmitting or receiving as violation--Penalty.
Gambling property or premises-Common nuisances, abatement-Termination of mortgage, contract or leasehold interests,
licenses--Enforcement.
Proof of possession as evidence
of knowledge of its character.
Chapter as exclusive authority
for taxation of gambling
activities.
Chapter exclusive authorization
for gambling activities--Existing local authority as void.
Chapter as exclusive authority
for licensing and regulation of
gambling activity.
Severability--1973 1st ex.s. c
218.
Games for hire near university.
Games for hire near university--Terms defined.
Games for hire near university-Penalty.
Legislative declaration.
Definitions.
Professional gambling unlawful-Penalty.
Seizure and disposition of gambling devices--Owning, buying,
selling, etc., gambling devices
or records-Penalties.
Gambling information-Penalty.
Gambling property or premises-Common nuisances, abatementTermination of mortgage, contract or leasehold interests,
licenses or permits.
Injunctions.
Inspection and audit of premises, paraphernalia, books and
records--Reports.
Proof of possession of devices
and records, effect--Occurrence
of event, evidence.
Authority of political subdivisions or agencies restrictedBingo games--Penalty.
Penalties for professional gambling not applicable to certain
games, when.
1973 RCW SUPP.
Violations-Penalties.
Action for money damages due to
violations-Interest--Class
action.
Violations-Voiding of licenses, permits or certificates-Enforcement.
Provisions exclusive--Strict
construction.
9.47.410
9.47.420
9.47.430
9.47.440
Defined-A nuisance-DrawingHow punished.
Selling tickets, advertising.
Disposing of property by lottery--Keeping office-Letting
building.
Insuring lottery tickets-Advertising offers to insure.
Lotteries out of state--Advertisement by nonresidents.
9.59.010
9.59.020
9.59.030
9.59.040
9.59.050
9.68.040
Using indecent or vulgar language, etc. (See note)
9.79.010
9.79.020
9.79.030
Rape.
Carnal knowledge--Penalties.
sexual intercourse, carnal
knowledge, prostitution, sexual
conduct, defined.
Compelling a person to marry.
Abduction.
Placing persons in house of
prostitution--Pimping.
Seduction.
Indecent liberties, exposure,
etc.
9.79.040
9.79.050
9.79.060
9.79.070
9.79.080
9.87.010
Vagrancy.
9. 91 • 1 20
Food stamps and food purchased
with stamps-Reselling or
purchasing.
£h£Elgr
~22!
~£gci£1 A£~11 ~~E~tYision
PrQ9:t£!!!§..:.
9.95!.010
9.95A.020
9.95!.030
9.95A.040
9.95A.050
9.95A.060
9.95!.070
9.95A.080
[ 27 ]
(See note)
Legislative intent.
State to share in costs.
Definitions.
Rules-Standards-PrQcedures.
Application for financial aid.
Terms and conditions for receiving state funds--Calculations, etc.-Reimbursements-A! terna ti ves.
Additional reimbursement for
program for misdemeanant
offenders.
Pro rata payments for reduction
in commitments and placement in
program.
TITLE 9
CRI~ES
AND
PUNISH~ENTS
----------------------------------------------~-----------------------------------------
9.95!.090
9.95!.900
9.95B.010
9.95B.020
9.95B.030
9.95B.040
9.95B.900
jigh,S~
9.96!.030
9. 96A. 040
9.96!.050
9.96!.900
9.46.010
1!21~1!11!~ ~~~LAE!!JQ!~
It
is hereby declared to be the policy of the
legislature, recognizing the close relationship between professional gambling and
organized crime, to restrain all persons
from
seeking profit from professional
gambling activities in this state; to
restrain all persons from patronizing such
professional gambling activities; to safeguard the public against the evils induced
by common gamblers and common gambling
houses engaged in professional gambling;
and at the same time, both to preserve the
freedom of the press and to avoid restricting participation by individuals in
activities
and social pastimes,
which
activities and social pastimes are more
for amusement rather than for profit, do
not maliciously affect the public, and do
not breach the peace.
The legislature further declares that
the raising of funds for the promotion of
bona fide charitable or nonprofit organizations is in the public interest as is
participation in such ac~ivities and social pastimes as are hereinafter in this
chapter authorized.
The legislature further declares that
the conducting of bingo, raffles, and
amusement games and the operation of punch
boards, pull-tabs, and other social pastimes,
when conducted pursuant to the
provisions of this chapter and any rules
and regulations adopted pursuant thereto,
are hereby authorized, as are only such
lotteries for which no valuable consideration has been paid or agreed to be paid
as hereinafter in this chapter provided.
All factors incident to the activities
authorized
in
this chapter shall be
closely controlled, and the provisions of
this chapter shall be liberally construed
to achieve such end. (1973 1st ex.s. c
218 § 1. ]
Parole or probation violations--Hearing requirements-Purpose--Report to sending
state--Custody.
Qualifications of hearing
officers.
Hearing--Notice, content-Procedure.
Hearings by other states--Effect on this state.
Effective date--1973 c 21.
~D~E!~ ~2§!
9.96A.010
9.96!.020
Chapter 9. 4 6
GAMBLING--1973 ACT
Minimum payments to counties
during first twelve months.
Effective date--1973 1st ex.s.
c 123.
E§§!QI~!iQll
21
~!£loy~~!
Legislative declaration.
Public employment--Licenses,
permits, certificates, or registrations issued by state and
political subdivisions--Disqualification due to prior felony conviction removed-Exceptions.
Chapter not applicable to law
enforcement agencies.
Violations--Adjudication pursuant to administrative procedure
act.
Provisions of chapter
prevailing.
Effective date--1973 c 135.
Cross Reference:
Victims of crimes, compensation:
ter 7.68 RCW.
Chap-
Chapter 9.04
ADVERTISING, CRIMES RELATING TO
Cross References:
Charitable solicitations,
regulation,
RCW
application of chapter 9.04 RCW:
19.09.340.
Hearing aid
dispensing,
advertising,
etc.--Application: RCW 18.35.180.
ggvi~~§ ggig~
Throughout this chapter
the phrase "this act" has been changed to
"this chapter".
In addition to sections
codified in this chapter, 1973 1st ex.s. c
218 had a repealer section (29) repealing
RCW 9.47.150-9.47.170, 9.47.300-9.47.440,
9.59.010-9.59.050 and 82.28.010-82.28.060
and a legislative directive section
(30)
stating sections 1-28 should constitute a
new chapter in Title 9 RCW.
Chapter 9.45
FRAUDS AND SWINDLES
1:!!
OBI!l.!!.lffi 9~1!!
Any person who intentionally and knowingly obtains broadcast signals
from
a
cable
antenna
television system by making any connection
by wire to the cable, excepting from the
wall outlet to the set, and who makes the
connection without the consent of the
opera tor of the system and in order to
avoid payment to the operator shall be
guilty of a misdemeanor. (1973 1st ex.s.
c 94 § 1. J
9.45.250
FRAUD
9. 46.020
~£!!,1!!ITIQ!!~~
( 1)
"Amusement
game" means a game played for entertainment in which:
actively
contestant
(a)
The
particip.ates;
(b)
The outcome depends in a material
degree upon the skill of the contestant;
prizes
are
(c)
Only
merchandise
awarded;
(d)
The outcome is not in the control
of the operator;
I~~!l~IQ!! ~ERV~~~~
[
28
GAMBLING--1973 ACT
9.46.020
--------------------------------------------------------------------------------------(e)
The wagers are placed, the winners
are determined, and a distribution of
prizes or property is made in the presence
of all persons placing wagers at such
game; and
(f)
Said game is conducted by a bona
fide charitable or nonprofit organization,
no person other than a bona fide member of
said organization takes any part in the
management or operation of said game,
including the furnishing of equipment, and
no part of the proceeds thereof inure to
the benefit of any person other than the
organization conducting such game or said
game is conducted as part of any agricultural fair as authorized under chapters
15.76 and 36.37 RCW or said game is
conducted on any property of a city of the
first class devoted to uses incident to a
c~v~c
center, worlds fair or similar
exposition.
(2)
"Bingo" means a game in which prizes are awarded on the basis of designated
numbers or symbols on a card conforming to
numbers or symbols selected at random and
in which no cards are sold except at the
time and place of said game, when said
game is conducted by a bona fide charitable or nonprofit organization which does
not conduct or allow its premises to be
used for conducting bingo on more than
three occasions per week and which does
not conduct bingo in any location which is
used for conducting bingo on more than
three occasions per week, or if an agricultural fair authorized under chapters
15.76 and 36.37 RCW,
which does
not
conduct bingo on more than twelve consecutive days in any calendar year, and except
in the case of any agricultural fair as
authorized under chapters 15.76 and 36.37
RCW, no person other than a bona fide
member or an employee of said organization
takes
any part in the management or
operation of said game, and no person who
takes
any part in the management or
operation of said game takes any part in
the management or operation of any game
conducted by any other organization or any
other branch of the same organization and
no part of the proceeds thereof inure to
the benefit of any person other than the
organization conducting said game.
(3)
"Bona fide charitable or nonprofit
organization" means any organization duly
existing under the provisions of chapters
24.12, 24.20, or 24.28 RCW, any agricultural fair authorized under the provisions
of chapters 15.76 or 36.37 RCW, or any
nonprofit corporation duly existing under
the provisions of chapter 24.03 RCW for
charitable, benevolent, eleemosynary, educational, civic,
patriotic,
political,
social, fraternal, athletic or agricultural purposes only, all of which in the
opinion of the commission have been organized and are operated primarily
for
purposes
other than the operation of
gambling activities authorized under this
chapter. The fact that contributions to an
organization do not qualify for charitable
contribution deduction purposes or that
197 3 RCW SUPP.
the organization is not otherwise exempt
from
payment of federal income taxes
pursuant to the Internal Revenue Code of
1954, as amended, shall constitute prima
facie evidence that the organization is
not a bona fide charitable or nonprofit
organization for the purposes of this
section.
Any person, association or organization
which pays its employees, including members, compensation other than is reasonable therefor under the iocal prevailing
wage scale shall be deemed paying compensation based in part or whole upon receipts relating to gambling activities
authorized under this chapter and shall
not be a bona fide charitable or nonprofit
organization for the purposes of this
chapter.
(4)
"Bookmaking" means accepting bets
as a business, rather than in a casual or
personal fashion, upon the outcome of
future contingent events.
(6)
"Commission" means the washington
state gambling commission created in RCW
9.46.040.
(7)
"Contest of chance" means any contest,
game, gaming scheme, or gaming
device in which the outcome depends in a
material degree upon an element of chance,
notwithstanding that skill of the contestants may also be a factor therein.
(8)
"Gambling".
A person engages in
gambling if he stakes or risks something
of value upon the outcome of a contest of
chance or a future contingent event not
under his control or influence, upon an
agreement or understanding that he or
someone else will receive something of
value in the event of a certain outcome.
Gambling does not include parimutuel betting as authorized by chapter 67.16 RCW,
bona fide business transactions
valid
under the law of contracts, including, but
not limited to, contracts for the purchase
or sale at a future date of securities or
commodities, and agreements to compensate
for
loss caused by the happening of
chance, including, but not limited to,
contracts of indemnity or guarantee and
life, health or accident insurance.
(9)
"Gambling device" other than for
the purposes of subsection
(18)
of this
section means:
(a) Any device or mechanism the operation of which a right to
money, credits, deposits or other things
of value may be created, in return for a
consideration, as the result of the operation of an element of chance;
(b)
any
device or mechanism which, when operated
for a consideration, does not return the
same value or thing of value for the same
consideration upon each operation thereof;
(c)
any device,
mechanism, furniture,
fixture, construction or installation designed primarily for use in connection
with professional gambling; and (d)
any
subassembly or essential part designed or
intended for use in connection with any
such device,
mechanism, furniture, fixture, construction or installation.
But
in the application of this definition, a
( 29 ]
9.46.020
CRIMES AND PUNISHMENTS
--------------------------------------------------------------------------------------pinball machir.e or similar
mechanical
amusement device which confers only an
immediate and unrecorded right of replay
on players thereof, which does not contain
any mechanism which varies the chance of
winning free games or the number of free
games which may be won or a mechanism or a
chute for dispensing coins or a facsimile
thereof,
and which prohibits
multiple
winnings depending upon the number of
coins inserted and requires the playing of
five balls individually upon the insertion
of a nickel or dime, as the case may be,
to complete any one operation thereof,
shall not be deemed a gambling device:
PROVIDED FURTHER, That owning, possessing,
buying, selling, renting, leasing, financing,
holding a security interest in,
storing, repairing and transporting such
pinball machines or similar mechanical
amusement devices shall not
be deemed
engagir.g in professional gambling for the
purposes of this chapter and shall not be
a violation of this chapter:
PROVIDED
FURTHER, That any fee for the purchase or
rental of any such pinball machines or
similar amusement devices shall have no
relation to the use to which such machines
are put but be based only upon the market
value of any such machine, regardless of
the location of or type of premises where
used, and any fee for the storing, repairing and transporting thereof shall have no
relation to the use to which such machines
are put, but be commensurate with the cost
of labor and other expenses incurred in
any
such
storing,
repairing
and
transporting.
(10)
"Gambling information" means any
wager made in the course of and any
information intended to be used for professional gambling.
In the application of
this definition information as to wagers,
betting odds and changes in betting odds
shall be presumed to be intended for use
in professional gambling: PROVIDED, HOWEVER, That this subsection shall not apply
to newspapers of general circulation or
commercial radio and television stations
licensed by the federal communications
commission.
(11)
"Gambling
premises"
means any
building, room, enclosure, vehicle, vessel
or other place used or intended to be used
for professional gambling. In the application of this definition, any place where
a gambling device is found,
shall be
presumed to be intended to be used for
professional gambling.
(12)
"Gambling record" means any record, receipt, ticket, certificate, token,
slip or notation given, made,
used or
intended to be used in connection with
professional gambling.
(13)
"Lottery" means a scheme for the
distribution
of money or property by
chance, among persons who have paid or
agreed to pay a valuable consideration for
the chance.
For the purpose of this chapter, the
following activities do not constitute
[ 30
"valuable consideration" as an element of
a lottery:
(a)
Listening to or watching a
television or radio program or subscribing to a
cable television service;
(b)
Filling out a coupon or entry blank
or facsimile which is published in a
bona
fide newspaper,
or magazine, or in a
program sold in conjunction with and at a
regularly scheduled sporting event, or the
purchase of such a newspaper, magazine or
program;
(c)
Sending a coupon or entry blank by
united States mail to a designated address
in connection with a promotion conducted
in this state not more than once a year
over a period of not more than ninety
days;
(d)
Visitation to any business establishment to obtain a coupon, entry blank;
(e)
Mere registration without
purchase
of goods or services;
(f)
Expenditure of time, thought, attention and energy in perusing promotional
material; or
(g)
Placing or answering a telephone
call in a prescribed manner or otherwise
making a prescribed response or answer:
PROVIDED, That where any drawing is held
by or on behalf of in-state retail outlets
in connection with business promotions
authorized under subsections (d) and (e)
hereof, no such in-state retail outlet may
conduct more than one such drawing during
each calendar year and the period of the
drawing and its promotion shall not extend
for more than seven consecutive days:
PROVIDED FURTHER, That if the sponsoring
organization has more than one outlet in
the state such drawings must be held in
all such outlets at the same time except
that a sponsoring organization with more
than one outlet may conduct a separate
drawing in connection with the initial
opening of 'any such outlet.
For purposes of this chapter, radio and
television broadcasting is hereby declared
to be preempted by applicable federal
statutes and the rules applicable thereto
by the federal communications commission.
Broadcast programming, including advertising and promotion, that complies with said
federal statutes and regulations is hereby
authorized.
(14)
"Player" means a natural person
who engages, on equal terms with the other
participants, and solely as a contestant
or bettor, in any form of gambling in
which no person may receive or become
entitled to receive any profit therefrom
other than personal gambling winnings, and
without otherwise rendering any material
assistance to the establishment, conduct
or operation of a
particular gambling
activity. A natural person who gambles at
a social game of chance on equal terms
with the other participants therein does
not otherwise render material assistance
to the establishment, conduct or operation
thereof by performing,
without fee or
remuneration,
acts directed toward the
arrangement or facilitation of the game,
]
GAMBLING--1973 ACT
9.46.030
--------------------------------------------------~------------------------------------
(17)
"Raffle" means a game in which
tickets bearing an individual number are
sold for not more than one dollar each and
in which a prize or prizes are awarded on
the basis of a drawing from said tickets
by the person or persons conducting the
game, when said game is conducted by a
bona fide charitable or nonprofit organization, no person other than a bona fide
member of said organization takes any part
in the management or operation of said
game,
and no part of the proceeds thereof
inur@ to the benefit of any person other
than
the organization conducting said
game.
(19)
"Thing of value" means any money
or property, any token, object or article
exchangeable for money or property, or any
form of credit or promise, directly or
indirectly,
contemplating
transfer of
money or property or of any interest
therein,
or involving extension of a
service, entertainment or a privilege of
playing
at a game or scheme without
charge.
(20)
"Whoever"
and "persontt include
natural persons, corporations and partnerships and associations of persons; and
when any corporate officer, director or
stockholder or any partner authorizes,
participates in, or knowingly
accepts
benefits from any violation of this chapter committed by his corporation or partnership,
he shall be punishable for such
violation as if it had been directly
committed by him. [1973 1st ex.s. c 218 §
such as inviting persons to play, permitting the use of premises therefor, and
supplying cards or other equipment used
therein.
A person who engages in "bookmaking" as defined in this section is not
a "player".
(15)
A person is engaged in "professional gambling" when:
(a)
Acting other than as a player or in
the manner set forth in RCW 9.46.030, he
knowingly engages in conduct which materially aids any other form of gambling
activity; or
(b)
Acting other than as a player, or
in the manner set forth in RCW 9.46.030,
he knowingly accepts or receives money or
other property pursuant to an agreement or
understanding with any person whereby he
participates or is to participate in the
proceeds of gambling activity;
(c)
He engages in bookmaking; or
(d)
He conducts a lottery as defined in
subsection (13) of this section.
conduct under subparagraph
(a), except
as exempted under RCW 9.46.030, includes
but is not limited to conduct directed
toward the creation or establishment of
the
particular game, contest, scheme,
device or activity involved, toward the
acquisition or maintenance of premises,
paraphernalia, equipment
or
apparatus
therefor, toward the solicitation or inducement of persons to participate therein,
toward the actual conduct of the
playing phases thereof, toward the arrangement of any of its financial or
recording phases, or toward any other
phase of its operation.
If a person
having substantial proprietary or other
authoritative control over any premises
shall permit said premises to be used with
the person's knowledge for the purpose of
conducting gambling activity other than
gambling activities as set forth in RCW
9.46.030,
and acting other than as a
player, and said person permits such to
occur or continue or makes no effort to
prevent its occurrence or continuation, he
shall be considered as being engaged in
professional gambling:
PROVIDED, That the
proprietor of a bowling establishment who
awards prizes obtained from player contributions, to players successfully knocking
down pins upon the contingency of identifiable pins being placed in a specified
position or combination of positions, as
designated by the posted rules of the
bowling establishment,
where the proprietor does not participate in the proceeds
of the "prize fund" shall not be construed
to be engaging in "professional gambling"
within the meaning of this chapter:
PROVIDED, FURTHER, That the books and records
of thP. game shall be open to public
inspection.
(16)
"Punch
boards" and "pull-tabs"
shall be given their usual and ordinary
meaning as of July 16, 1973, except that
such definition may be revised by the
commission pursuant to rules and regulations
promulgated
pursuant
to
this
chapter.
1973 RCW SUPP.
[
2. ]
g~yi§g£~ ~Q~~
(1) subsections do not
follow numerically in order because of
governor's veto of portions of this section, including subsections (5) and (18)
hereof; designation of such vetoed matter
may be found in chapter 218, Laws of
Washington, 1973 extraordinary session.
(2)
Reference in subsection (9) above
to ttother than for the purposes of subsection (18) of this section" is superfluous,
said subsection (18) having been vetoed by
the governor; see note (1) above.
9.46.030
fERTAI!f. @MBLING !f!IVITIES
(1)
The legislature hereby
authorizes bona fide charitable or nonprofit
organizations to conduct bingo
games, raffles, amusement games,
and to
utilize punch boards and pull-tabs, when
licensed and conducted or operated pursuant to the provisions of this chapter and
rules and regulations adopted pursuant
thereto.
(2)
The legislature hereby authorizes
any person, association or organization to
utilize punch boards and pull-tabs as a
commercial stimulant when licensed and
utilized or operated pursuant to
the
provisions of this chapter and rules and
regulations adopted pursuant thereto.
(3)
The legislature hereby authorizes
the management of any agricultural fair as
authorized under chapters 15.76 and 36.37
AU:£!!QRIZED~
31
9.46.03C
CRIMES AND PUNISHMENTS
--------------------------------------------------------------------------------------RCW to conduct amusement games when licensed and operated pursuant to the provisions of this chapter and rules
and
regulations adopted pursuant thereto as
well as authorizing said amusement games
as so licensed and operated to be conducted upon any property of a city of the
first class devoted to uses incident to a
civic center, worlds fair or
similar
exposition.
The penalties provided for professional
gambling in this chapter, shall not apply
to bingo games, raffles, punch boards,
pull-tabs, amusement games, when conducted
in compliance with the provisions of this
chapter and in accordance with the rules
and regulations of the commission.
(1973
1 st e x . s • c 2 18 § 3 • ]
shall be deemed engaged in legislative
business while in attendance upon the
business of the board and shall be limited
to such allowances therefor as otherwise
provided in RCW 44.04.120, the same to be
paid from the "gambling revolving fund" as
being expenses relative to
commission
business. [1973 1st ex.s. c 218 § 4.]
9.46.050
Q!~BLINQ
fQ~nJ22!Q~==f~AIR=
nA!_=2YQR~~==~~~TIB2~==~ER QI~n !liQ IRA!~b
~!R~B~~~==§Q]]==RE~!Ab~
(1)
Upon ap-
pointment of the initial membership the
commission shall meet at a time and place
designated by the governor and proceed to
organize, electing one of such members as
chairman of the commission who shall serve
until July 1, 1974; thereafter a chairman
shall be elected annually.
(2)
A majority of the members shall
constitute a quorum of the commission:
PROVIDED, That all actions of the commission relating to the regulation of licensing under this chapter shall require an
affirmative vote by three or more members
of the commission.
(3)
The principal office of the commission shall be at the state capitol and
meetings shall be held at least quarterly
and at such other times as may be called
by-the chairman or upon written request to
the chairman of a
majority
of
the
commission.
{4)
~embers shall receive fifty dollars
per diem for each day or major portion
thereof spent in performance of their
duties plus reimbursement for actual travel expenses incurred in the performance of
their duties in the same manner as provided for state officials generally in chapter 43.03 RCW as now or hereafter amended.
(5)
Before entering upon the duties of
his office, each of said members of the
commission shall enter into a surety bond
executed by a surety company authorized to
do business in this state, payable to the
state of Washington, to be approved by the
governor, in the penal sum of
fifty
thousand dollars, conditioned upon the
faithful performance of his duties, and
shall take and subscribe to the oath of
office prescribed for elective state officers,
which oath and bond shall be filed
with the secretary of state. The premium
for
said bond shall be paid by the
commission.
(6}
Any member of the commission may be
removed for inefficiency, malfeasance or
misfeasance in office, upon specific written charges filed by the governor, who
shall transmit such written charges to the
member accused and to the chief justice of
the supreme court.
The chief justice
shall thereupon designate a tribunal composed of three judges of the superior
court to hear and adjudicate the charges.
Such tribunal shall fix the time of the
hearing, which shall be public, and the
procedure for the hearing, and the decision of such tribunal shall be final.
Removal of any member of the commission by
9.46.040
§A]~bl!Q
co~~I~~IOB==~~~=
§~~==A£gQI]1]EN!==!A~AB~l~~L
fibLI]Q~
There shall be a commission, known as the
"Washington state gambling commission",
consisting of five members appointed by
the governor with the consent of the
senate. The members of the commission
shall be appointed within thirty days of
July 16, 1973 for terms beginning July 1,
1973, and expiring as follows:
one member
of the commission for a term expiring July
1, 1975; one member of the commission for
a term expiring July 1, 1976; one member
of the commission for a term expiring July
1, 1977; one member of the commission for
a term expiring July 1, 1978; and one
member of the commission for a
term
exp~r1ng
July 1, 1979; each as the governor so determines. Their successors, all
of whom shall be citizen members appointed
by the governor with the consent of the
senate, upon being appointed and qualified, shall serve six year terms:
PROVIDED, That no member of the commission who
has served a full six year term shall be
eligible for reappointment. In case of a
vacancy, it shall be filled by appointment
by the governor for the unexpired portion
of the term in which said vacancy occurs.
No
vacancy in the membership of the
commission shall impair the right of the
remaining member or members to act, except
as in RCW 9.46.050 (2) provided.
In addition to the members of the commission there shall initially be four ex
officio members without vote from the
legislature consisting of:
(1)
Two members of the senate, one from the majority
political party and one from the minority
political party, both to be appointed by
the president of the senate;
(2)
two
members of the house of representatives,
one from the majority political party and
one from the minority political party,
both to be appointed by the speaker of the
house of representatives; all of whose
terms shall end December 31, 1974; appointments shall be made within thirty
days of July 16, 1973.
Such ex officio
members who shall collect data deemed
essential to future legislative proposals
and exchange information with the board
[
32
]
GAMBLING--1973 ACT
9.46.070
--------------------------------------------------------------------------------------person, association or organization approved
by the commission meeting the
requirements of this chapter and any rules
and regulations adopted pursuant thereto
permitting said person, association or
organization to utilize punch boards and
pull-tabs as a commercial stimulant in
accordance with the provisions of this
chapter and any rules and regulations
adopted pursuant thereto and to revoke or
suspend said licenses for violation of any
provisions of this chapter and any rules
and regulations adopted pursuant thereto:
PROVIDED, That the commission shall not
deny a license to an otherwise qualified
applicant in an effort to limit the number
of licenses to be issued:
PROVIDED,
FURTHER, That the commission may authorize
the director to temporarily issue
or
suspend licenses subject to final action
by the commission;
(4)
To authorize, require, and issue,
for a period not to exceed one year, such
licenses as the commission may by rule
provide, to any person, association or
organization to engage in the selling,
distributing, or otherwise supplying or in
the
manufacturing of devices for use
within this state for those activities
authorized by RCW 9.46.03C.
(5)
To establish a schedule of annual
license fees for carrying on specific
gambling activities upon the premises, and
for
such other activities as may be
licensed by the commission, which shall
provide to the commission not less than an
amount of money adequate to cover all
costs incurred by the commission relative
to licensing under this chapter and the
enforcement
by the commission of the
provisions of this chapter and rules and
regulations
adopted
pursuant thereto:
PROVIDED, That all licensing fees shall be
submitted with an application therefor and
not less than fifty percent of any such
license fee shall be retained by the
commission upon the denial of any such
license as its reasonable expense for
investigation into the granting thereof.
Notwithstanding any other provision of
this subsection, raffles may be conducted
by any bona fide charitable or nonprofit
organization not more than once each year
without payment of a license fee if such
organization shall not receive in gross
receipts therefrom an amount over five
thousand dollars.
(6)
To require that applications for
all licenses contain such information as
may be required by the commission:
PROVIDED, That all persons having an interest
in any gambling activity, or the building
in which any gambling activity occurs, or
the equipment to be used for any gambling
activity, or participating as an employee
in the operation of any gambling activity,
shall be listed on the application for the
license and the applicant shall certify on
the application, under oath, that the
persons named on the application are all
of the persons known to have an interest
in any gambling activity,
building, or
the tribunal shall disqualify such member
for reappointment.
(1973 1st ex.s. c 218
§ 5. ]
9.46.060
2!~~11~2
~Q~~I~~IQ~==£QY~=
2~==AY~II2==~A!~EHI IQ~~
(1)
The attor-
ney general shall be general counsel for
the state gambling commission and shall
assign such assistants as may be necessary
in carrying out the purposes and provisions of this chapter, which shall include
instituting and prosecuting any actions
and proceedings necessary thereto.
(2)
The state auditor shall audit the
books, records, and affairs of the commission annually. The commission shall pay
to the state treasurer for the credit of
the state auditor such funds as may be
necessary to defray the costs of such
audits.
The commission may provide for
additional
audits by certified public
accountants.
All such audits shall be
public records of the state.
The payment for legal services and audits as authorized in this section shall
be paid upon authorization of the commission from moneys in the gambling revolving
fund.
[ 1973 1st ex.s. c 218 § 6.]
9.46.070
§AMBLING
~Q~!~21QN-=ROWER2
AND DUTIES.
The commission shall have the
following-powers and duties:
(1)
To authorize and issue licenses for
a period not to exceed one year to bona
fide charitable or nonprofit organizations
approved by the commission meeting the
requirements of this chapter and any rules
and regulations adopted pursuant thereto
permitting said organizations to conduct
bingo games, raffles, amusement games, to
utilize punch board and pull-tabs
in
accordance with the
provisions of this
chapter and any rules and regulations
adopted pursuant thereto and to revoke or
suspend said licenses for violation of any
provisions of this chapter or any rules
and regulations adopted pursuant thereto:
PROVIDED, That any license issued under
authority of this section shall be legal
authority to engage in the gambling activity for which issued throughout the incorporated and unincorporated areas of any
county, unless a county, or any first
class city located therein with respect to
such city, shall prohibit such gambling
activity:
PROVIDED,
FURTHER,
That the
commission shall not deny a license to an
otherwise qualified applicant in an effort
to limit the number of licenses to be
issued:
PROVIDED FURTHER, That the commission or director shall not
issue,
suspend or revoke any license because of
considerations of race, creed, color, or
national origin:
AND PROVIDED FURTHER,
That the commission may authorize the
director to temporarily issue or suspend
licenses subject to final action by the
commission;
(2)
To authorize and issue licenses for
a period not to exceed one year to any
1 97 3 RCW SUPP.
[
33
]
9.116.070
CRIMES AND PUNISHMENTS
--------------------------------------------------------------------------------------equipment by the person making such application:
PROVIDED FURTHER, That the commission may require fingerprinting and
background checks on any persons seeking
licenses under this chapter or of any
person holding an interest in any gambling
activity, building or equipment to be used
therefor, or of any person participating
as an employee in the operation of any
gambling activity;
(7)
To require that any license holder
maintain records as directed by the commission and submit such reports as the
commission may deem necessary;
(8)
To require that all income from
bingo games, raffles, and amusement games
be receipted for at the time the income is
received from each individual player and
that all prizes be receipted for at the
time the prize is distributed to each
individual player and to require that all
raffle tickets be consecutively numbered
and accounted for: PROVIDED, That in lieu
of the requirements of this subsection,
agricultural fairs as defined herein shall
report such income not later than thirty
days after the termination of said fair.
(9) To regulate and establish maximum
limitations on income derived from bingo:
PROVIDED, That in establishing limitations
pursuant to this subsection the commission
shall take into account (i) the nature,
character and scope of the activities of
the licensee; (ii) the source of all other
income of the licensee; (iii) the percentage or extent to which income derived from
bingo is used for charitable, as distinguished from nonprofit, purposes;
(10)
To cooperate with and secure the
cooperation of county, city and other
local or state agencies in investigating
any matter within the scope of its duties
and responsibilities;
(11)
In accordance with RCW 9.46.080,
to adopt such rules and regulations as are
deemed necessary to carry out the purposes
and provisions of this chapter.
All rules
and regulations shall be adopted pursuant
to the administrative procedure act, chapter 34.04 RCW;
(12) To set forth for the perusal of
counties, city-counties, cities and towns,
model ordinances by which any legislative
authority
thereof may enter into the
taxing of any gambling activity authorized
in RCW 9.46.030; and
{13)
To perform all other matters and
things necessary to carry out the purposes
and provisions of this chapter.
[1973 2nd
ex.s. c 41 § 4; 1973 1st ex.s. c 218 § 7.]
commission shall issue rules and regulations governing the activities authorized
hereunder and shall supervise departmental
employees in carrying out the purposes and
provisions of this chapter.
In addition
the department shall make available to the
commission such of its
administrative
services and staff as are necessary to
carry out the purposes and provisions of
this chapter.
Neither the director nor
any departmental employee working therefor
shall be an officer or manager of any
charitable or nonprofit organization, or
of any organization which conducts gambling activity in this state.
[1973 1st
ex.s. c 218 § 8.]
9.46.090
GAMBLING COMMISSION--REPORTS.
The commission--shall:-fro;-tiie-to-time;
make reports to the governor covering such
matters in connection with this chapter as
he may require, and in addition shall
prepare and forward to the governor, to be
laid before the legislature, a report for
the period ending on the thirty-first day
of December of 1973, and a report annually
thereafter on the thirtieth day of June of
each year, which report shall be a public
document, and contain a detailed statement
and balance sheet showing in general the
fiscal condition of the commission and
commission expenditures and receipts for
the preceding interval, together with such
general information and remarks as the
commission deems pertinent thereto and any
information requested by either the governor or members of the legislature: PROVIDED, That the first commission appointed
pursuant to RCW 9.46.040 shall conduct a
thorough study of the types of gambling
activity permitted and the types of gambling activity prohibited by this chapter
and shall submit to the session of the
legislature convened in september,
1973,
if there be one, or,
if not,
to the
session of the legislature convened in
January, 1974, a report making specific
recommendations as to: (1) Gambling activity
that ought to be permitted;
(2)
gambling activity that ought to be prohibited;
(3)
the types of licenses and
permits that ought to be required; (4) the
appropriate fee for each type of license
and permit; and (5) the type and amount of
tax that ought to be applied to each type
of permitted gambling activity. [1973 1st
ex.s. c 218 § 9.]
9.46.100
GAMBLING REVOLVING FUND--CRE-
ATED--RECEIPTS::DISBURSEMENTS_:USE~--There
is~ereby-createa-~fund-to-~-known as
9.46.080
GA~~11~§ ~Qn~I22IQ~==AQnl~l2~
TRATOR--STAFF--RULES AND REGULATIONS. The
dep~rtm~~~~~-m~t~r-vehicl~5;-5~ject to
the approval of the commission, shall
employ a fBll time employee as director
respecting gambling activities, who shall
be the administrator for the commission in
carrying out its powers and duties and
who,
with the advice and approval of the
[ 311
the "gambling revolving fund" which shall
consist of all moneys receivable
for
licensing, penalties, forfeitures, and all
other moneys, income, or revenue received
by the commission.
The state treasurer
shall be custodian of the fund.
All
moneys received by the commission or any
employee thereof, except for change fund•
and an amount of petty cash as fixed by
GAMBLING--1973 ACT
9.46.130
--------------------------------------------------------------------------------------rule or regulation of the commission,
shall be deposited each day in a depository approved by the state treasurer and
transferred to the state treasurer to be
credited to the gambling revolving fund.
Disbursements
from the revolving fund
shall be on authorization of the commission or a duly authorized representative
thereof.
In order to maintain an effective expenditure and revenue control the
gambling revolving fund shall be subject
in all respects to chapter 43.88 RCW but
no appropriation shall be required to
permit expenditures and payment of obligations from such fund.
All expenses relative to commission business, including but
not limited to salaries and expenses of
the director and such employees of the
department of motor vehicles as are working therefor, shall be paid from the
gambling revolving fund.
[1973 1st ex.s.
c 218 § 10.]
9.46.110
TAXbTIQN QI gb~~1IN2
IIE~L!~1TAI1QB~==B~~I]I£TIQN~
EQB£H ~QABD~ OR RUL1=IA~~~
The
b£I1!I=
b~
IQ
legislative authority of any county, city-county.
city, or town, by local law and ordinance,
and in accordance with the provisions of
this chapter and rules and regulations
promulgated hereunder, may provide for the
taxing of any gambling activity authorized
in RCW 9.46.030 within its jurisdiction,
the tax receipts to go to the county,
city-county, city, or town so taxing the
same: PROVIDED, That the tax rate established by any county, except for any first
class city located therein with respect to
such city, shall constitute the tax rate
throughout such county including
both
incorporated
and unincorporated areas;
FURTHER, That (1) punch boards and pulltabs, chances on which shall only be sold
to adults, which shall have a twenty-five
cent limit on a single chance thereon,
shall be taxed on a basis which shall
reflect the gross income of the business
in which the punch boards and pull-tabs
are displayed; and (2)
no punch board or
pull-tab may award as a prize upon a
winning number or symbol being drawn the
opportunity of taking a chance upon any
other punch board or pull-tab; and (3) all
prizes for punch boards and pull-tabs must
be on display within the immediate area of
the premises wherein any such punch board
or pull-tab is located and upon a winning
number or symbol being drawn, such prize
must be immediately removed therefrom, or
such omission shall be deemed a fraud for
the purposes of this chapter; and (4)
when any person shall win over
five
dollars in money or merchandise from any
punch board or pull-tab, every licensee
hereunder
shall keep a public record
thereof for at least ninety days thereafter containing such information as the
commission shall deem necessary:
AND
PROVIDED FURTHER, That taxation of bingo,
raffles and amusement games shall never be
in an amount greater than ten percent of
1973 RCW SUPP.
the gross revenue received
[1973 1st ex.s. c 218 § 11.]
therefrom.
9.46.120
B~~TRI£TIQH2 b~ IQ HAHA2E~~HI
OR OPERATION PERSONNEL--RESTRICTION AS TO
1EA~EQ g"RE:r!I~~~~--(1)-Exceptin-the
of an agricultural fair as authorized
under chapters 15.76 and 36.37 RCW, no
person other than a member of d bona fide
charitable or nonprofit organization
(and
their employees)
or any other person,
association or organization (and their
employees)
approved by the commission,
shall take any part in the management or
operation of any gambling activity authorized under RCW 9.46.030, and no person
who takes any part in the management or
operation of any such gambling activity
shall take any part in the management or
operation of any gambling activity conducted by any other organization or any
other branch of the same organization,
unless approved by the commission, and no
part of the proceeds thereof shall inure
to the benefit of any person other than
the organization conducting such gambling
activities or if such gambling ac~ivities
be for the charitable benefit of any
specific persons designated in the application for a license, then only for such
specific persons as so designated.
(2)
No bona fide charitable or nonprofit
organization or any other person,
association or organization shall conduct
any gambling activity authorized under RCW
9.46.030 in any leased premises if rental
for such premises is unreasonable or to be
paid, wholly or partly, on the basis of a
percentage of the receipts or profits
derived from such
gambling
activity.
[1973 1st ex.s. c 218 § 12.]
case
9.46.130
INSPECT.IQ] AN12 AUDII OF PREMBOOKS AND RECORDS-REPORTS FOR DEPARTMENT -OF--REVENUE~-~he
preiiiisesand-paraphernaua;--and"all the
books and records of any person, association or organization conducting gambling
activities authorized under RCW 9.46.030
and any person, association or organization receiving profits therefrom or having
any interest therein shall be subject to
inspection and audit at any reasonable
time, with or without notice, upon demand,
by the commission or its designee, the
attorney general or his designee, the
chief of the washington state patrol or
his designee or the prosecuting attorney,
sheriff or director of public safety or
their designees of the county wherein
located, or the chief of police or his
designee of any city or town in which said
organization is located, for the purpose
of determining compliance or noncompliance
with the provisions of this chapter and
any rules or regulations adopted pursuant
thereto.
The department of revenue shall be provided at such reasonable intervals as the
department shall determine with a report.
IS~~
( 35 ]
RAB.APH~RNALIA.L
9.46.130
CRIMES AND PUNISHMENTS
--------------------------------------------------------------------------------------under oath, detailing all receipts and
disbursements
in connection with such
gambling activities together with such
other reasonable information as required
in order to determine whether such activities comply with the purposes of this
chapter or any local ordinances relating
thereto.
Upon request, copies of such
reports shall be provided by the department of revenue to any law enforcement
agency.
[1973 1st ex.s. c 218 § 13.]
9.46.140
GA~~1Ili§
co~~IS~IQli==ll~!~Ili§
}ND ~Q~RQ~]! fQ]~]~ For the purpose of
obtaining information concerning any matter relating to the administration or
enforcement of this chapter, the commission, or any person appointed by it in
writing for the purpose, may inspect the
books, documents and records of any person
lending money to or in any manner financing any license holder or applicant for a
license or receiving any income or profits
from the use of such license for the
purpose of determining compliance or noncompliance with the provisions of this
chapter
or the rules and regulations
adopted pursuant thereto. The commission,
or its designee, may conduct hearings,
administer oaths, take depositions, compel
the attendance of witnesses and issue
subpoenas pursuant to
RCW
34.04.105.
(1973 1st ex.s. c 218 § 14.]
9.46.150
INJUNCTIQ~S-=VOlglli~
QI 1!~
f£;RMJ.TS Q~ CEB_.IIFICAT~~~ (1)
Any
activity conducted in violation of any
provision of this chapter may be enjoined
in an action commenced by the commission
through the attorney general or by the
prosecuting attorney or legal counsel of
any city or town in which the prohibited
activity may occur.
{2)
When a violation of any provision
of this chapter or any rule or regulation
adopted pursuant hereto has occurred on
any property or premises for which one or
more licenses, permits, or certificates
issued by this state, or any political
subdivision or public agency thereof are
in effect, all such licenses, permits and
certificates may be voided and no license,
permit, or certificate so voided shall be
issued or reissued for such property or
premises for a period of up to sixty days
thereafter. [1973 1st ex.s. c 218 § 15.]
~~Eh
9.46.16C
CONDUCTING 2!MB11li2 !f.IIVIT!
RITHQQI pCE]SE !~ VIOLATIQli:=-PENALTIES~
Any person who conducts gambling activities without a license issued by the
commission shall be guilty of a felony and
upon
conviction shall be punished by
imprisonment for not more than five years
or by a fine of not more than one hundred
thousand dollars, or both. If any corporation
conducts any gambling activity
(
without a license issued by the commission, it may be punished by forfeiture of
its corporate charter, in addition to the
other penalties set forth in this section.
(1973 1st ex.s. c 218 § 16.]
9.46.170
I!bSE OR MISLEAQlli~ ENTRif~
Q!i §.I!TEMEli'f.h REFUSAL IQ RE.ODUC~ gECORQ~L
AS VIOLATIONS--PENALTY.
Whoever, in any
application-for-a license or in any book
or record required to be maintained by the
commission or in any report required to be
submitted to the commission, shall make
any false or misleading statement, or make
any false or misleading entry or wilfully
fail to maintain or make any entry required to be maintained or made, or who
wilfully refuses to produce for inspection
by the commission, or its designee, any
book, record, or document required to be
maintained or made by federal or state
law, shall be guilty of a gross misdemeanor and upon conviction shall be punished
by imprisonment in the county jail for not
more than one year or by a fine of not
more than five thousand dollars, or both.
[1973 1st ex.s. c 218 § 17.)
9.46.180
£AQSili~ Q~~ANl~ATIQli IQ
!IQ=
LATE CHAPTER AS VIOLATION--PENALTY. Any
person-who~nowingly-cau5e5;-aids;--abets,
or conspires with another to cause any
association or organization to violate any
provision of this chapter or of any rule
or regulation adopted pursuant to this
chapter shall be guilty of a felony and
upon conviction shall be punished
by
imprisonment for not more than five years
or a fine of not more than one hundred
thousand dollars, or both.
[1973 1st
ex. s. c 218 § 18 . 1
9.46.190
VIOLATIONS RELATING TO IB!QQ
oR gECEI!==~ENAbTY~ ~ny-person-or-associ­
ation or organization operating any gambling
activity
authorized
under RCW
9.46.030, who or which, directly or indirectly,
shall in the course of such
operation:
(1)
Employ any device, scheme or artifice to defraud; or
(2)
Make any untrue statement of a
material fact, or omit to state a material
fact
necessary in order to make the
statement made not misleading,
in the
light of the circumstances under which
said statement is made; or
(3)
Engage in any act, practice or
course of operation as would operate as a
fraud or deceit upon any person;
Shall be guilty of a gross misdemeanor
and upon conviction shall be punished by
imprisonment in the county jail for not
more than one year or by a fine of not
more than five thousand dollars, or both.
(1973 1st ex.s. c 218 § 19.]
36 ]
GAMBLING--1973 ACT
9.46.230
--------------------------------------------------------------------------------------9.46.200
ACIIQB IQ~ ~QB~I ~!~!§~~ ~Y]
IQ YIQ1AIIQB~==Ilii~~~~I==AIIQRli]I~ I~~==
CLASS ACTION. In addition to any other
penalty--provided for in this chapter,
every person, directly or indirectly controlling the operation of any gambling
activity authorized in RCW 9.46.030 including a director, officer, and/or manager of any association, organization or
corporation conducting the same, whether
charitable, nonprofit, or profit, shall be
liable,
jointly and severally, for money
damages suffered by any person because of
any violation of this chapter, together
with interest on any such amount of money
damages at six percent per anr.um from the
date of the loss, and reasonable attorneys' fees:
PROVIDED, That if any such
director, officer, and/or manager did not
know any such violation was taking place
and had taken all reasonable care to
prevent any such violation from taking
place, the burden of proof thereof shall
be
on such director, officer, and/or
manager, and if such director, officer
and/or manager shall sustain the burden of
proof he shall not be liable hereunder.
Any civil action under this section may be
considered a class action.
( 1973 1st
ex.s. c 218 § 20.]
9.46.210
ENIQB~~tl~BI~
It shall be the
duty of and all peace officers or law
enforcement officers or law enforcement
agencies within this state are hereby
empowered to investigate, and enforce and
prosecute all violations of this chapter.
[1973 1st ex.s. c 218 § 21.]
9.46.220
fROig~SIQNAL GA~~1IEQ !~ !IQ=
1£ATIOB==f~NA1TY.!. Whoever engages in professional gambling, or knowingly causes,
aids, abets, or conspires with another to
engage in professional gambling, shall be
guilty of a felony and fined not more than
one hundred thousand dollars or imprisoned
not more than five years or both: PROVIDED, HOWEVER, That this section shall not
apply to those activities enumerated in
RCW 9.46.030 or to any act or acts in
furtherance thereof when conducted
in
compliance with the prov1s1ons of this
chapter and in accordance with the rules
and regulations adopted pursuant thereto.
[1973 1st ex.s. c 218 § 22.]
9.46.230
SEIZURE
AND
~I~fQ~ITIQ~
QI
Q!~]1INQ DEYICE~=-o!NIN§L ]Q!IH§4 ~~11I~QL
ETC. 4
GAMBLING DEVICES OR RECORDS--PENAL(1->--ill gambiing--devi~~5--a5--ae:
fined in RCW 9 .46. 020
(9)
are common
nuisances and shall be subject to seizure,
immediately upon detection by any peace
officer, and to confiscation and destruction by order of a superior or district
justice court, except when in the possession of officers enforcing this chapter.
(2)
No property right in any gambling
device as defined in RCW 9.46.020 (9)
IIE~~
1973 RCW SUPP.
shall exist or be recognized in
any
person, except the possessory right of
officers enforcing this chapter.
(3)
All furnishings,
fixtures, equipment and stock, including without limitation furnishings and fixtures adaptable to
nongambling uses and equipment and stock
for printing, recording, computing, transporting or safekeeping, used in connection
with professional gambling or maintaining
a gambling premises, and all money or
other things of value at stake or displayed in or in connection with professional gambling or any gambling device
used therein, shall be subject to seizure,
immediately upon detection, by any peace
officer, and unless good cause is shown to
the
contrary by the owner, shall be
forfeited to the state or political subdivision by which seized by order of a court
having jurisdiction, for disposition by
public auction or as otherwise provided by
law.
Bona fide liens against property so
forfeited, on good cause shown by the
lienor, shall be transferred from the
property to the proceeds of the sale of
the property.
Forfeit moneys and other
proceeds realized from the enforcement of
this subsection shall be paid into the
general fund of the state if the property
was seized by officers thereof or to the
political
subdivision or other public
agency, if any, whose officers made the
seizure, except as otherwise provided by
law. This subsection shall not apply to
such items utilized in activities enumerated in RCW 9.46.030 or any act or acts in
furtherance
thereof when conducted in
compliance with the prov1s1ons of this
chapter and in accordance with the rules
and regulations adopted pursuant thereto.
(4)
Whoever knowingly owns,
manufactures,
possesses, buys, sells,
rents,
leases, finances, holds a security interest in, stores, repairs or transports any
gambling device as defined in RCW 9.46.020
or offers or solicits any interest therein, whether through an agent or employee
or otherwise, shall be guilty of a felony
and
fined not more than one hundred
thousand dollars or imprisoned not more
than five years or both:
PROVIDED, HOWEVER, That this subsection shall not apply
to devices used in those activities enumerated in RCW 9.46.030, or to any act or
acts in furtherance thereof when conducted
in compliance with the provisions of this
chapter and in accordance with the rules
and regulations adopted pursuant thereto.
Subsection (2) of this sectioh shall have
no application in the enforcement of this
subsection. In the enforcement of this
subsection direct possession of any such
gambling device shall be presumed to be
knowing possession thereof.
(5)
Whoever knowingly prints,
makes,
possesses, stores or transports any gambling record, or buys, sells, offers or
solicits any interest therein,
whether
through an agent or employee or otherwise,
shall be guilty of a gross misdemeanor:
PROVIDED, HOWEVER, That this subsection
[ 37 ]
9.46.230
CRIMES AND PUNISHMENTS
--------------------------------------------------------------------------------------shall not apply to records relating to
activities enumerated in RCW 9.46.030 or
to any act or acts in furtherance thereof
when conducted in compliance with the
provisions of this chapter and in accordance
with the rules and regulations
adopted pursuant thereto. In the enforcement of this subsection direct possession
of any such gambling record shall be
presumed to be knowing possession thereof.
[1973 1st ex.s. c 218 § 23.]
9.46.240
GAMB1ING INfORM~IIQliL IRANS~
.f1ITTING OR ]ECEIVING !~ !1Q1~I1Q~mk:
I~
Whoever
knowingly
transmits
or
receives gambling information by telephone, telegraph, radio, semaphore
or
similar means, or knowingly installs or
maintains equipment for the transmission
or receipt of gambling information shall
be guilty of a gross misdemeanor:
PROVIDED, HOWEVER, That this section shall not
apply to such information transmitted or
received or equipment installed or maintained relating to activities as enumerated in RCW 9.46.030 or to any act or acts
in furtherance thereof when conducted in
compliance with the prov~s1ons of this
chapter and in accordance with the rules
and regulations adopted pursuant thereto.
[1973 1st ex.s. c 218 § 24.]
9.46.250
2~n]11]§
~~==f21111Q] NQIS!Nf~~L
IIO]
QI
INI~E~~I~L
MO]TG!2EL
~]QPEJii!
QE
R]EMI~=
!]!TE~~NI=--l]S~IN~=
fQNI]!fi Q}i
the duty of all peace officers and all
taxing and licensing officials of this
state and its political subdivisions and
other public agencies.
This subsection
shall not apply to property or premises in
which activities set out in RCW 9.46.03C,
or any act or acts in furtherance thereof,
are carried on when conducted in compliance with the provisions of this chapter
and in accordance with the rules and
regulations adopted
pursuant
thereto.
[1973 1st ex.s. c 218 § 25.]
9.46.260
£ROOF QE PO~~ESSIQN !~ ~yi­
DENCE OF KNOWLEDGE OF ITS
CHARACTER.
Proof of-possession-of-any-device-usea-tor
professional gambling or any record relating to professional gambling specified in
RCW 9.46.230 is prima facie evidence of
possession thereof with knowledge of its
character or contents. [1973 1st ex.s. c
218 § 26.]
9.46.270
ffi!PTER ~~ EXf1Q~IV~ ~QifiQ~l=
II KQR I!X!IlQ] Qf 2~MB1lNG !~!IYITI~~~
This chapter shall constitute the exclusive legislative authority for the taxing
by any city, town, city-county o~ county
of any gambling activity and its application shall be strictly construed to those
activities herein permitted and to those
persons, associations or
organizations
herein permitted to engage therein. [1973
1st ex.s. c 218 § 27.]
LE~~EHQ1~
11f~]~ES==]NFOR£~~]N~
(1)
All gambling premises are common nuisances
and shall be subject to abatement by
injunction or as otherwise provided by
law. The plaintiff in any action brought
under this subsection against any gambling
premises, need not show special injury and
may, in the discretion of the court, be
relieved of all requirements as to giving
security.
(2)
When any property or premise held
under a mortgage, contract or leasehold is
determined by a court having jurisdiction
to be a gambling premises, all rights and
interests of the holder therein shall
terminate and the owner shall be entitled
to immediate possession at his election:
PROVIDED, HOWEVER, That this subsection
shall not apply to those premises in which
activities set out in RCW 9.46.030, or any
act or acts in furtherance thereof are
carried on when conducted in compliance
with the provisions of this chapter and in
accordance with the rules and regulations
adopted pursuant thereto.
(3)
When any property or premises for
which one or more licenses issued by the
commission are in effect, is determined by
a court having jurisdiction to be
a
gambling premise, all such licenses may be
voided and no longer in effect, and no
license so voided shall be issued or
reissued for such property or premises for
a period of up to sixty days thereafter.
Enforcement of this subsection shall be
[ 38
9.46.280
IIQM FO~
ffl!PTEF
2!~~11Mg
~XCLQ~IV] AQitlQBI~A=
~~11!11I~~==]!ISTili2
L0£~1
~QitlQ]lTY
AS YQIQ~ This chapter,
constituting exclusive legislative authority for the authorization of any gambling
activity by any city, town, city-county or
county, any ordinance, resolution or other
legislative act by any city, town, citycounty or county relating to gambling in
existence on July 16, 1973 shall be null
and void and of no effect; any such city,
town, city-county or county may thereafter
enact such local law as consistent with
the provisions of this chapter. [ 1973 1st
ex.s. c 218 § 28.]
9.46.285
ftl~PTER ~~ ]Xf1USIV~ ~QIHORI=
TY FOR LICENSING AND REGULATION OF GAMBLIN§ icTrvrT!~-~his-chapter--constitutes
the exclusive legislative authority for
the licensing and regulation of any gambling activity and the state preempts such
licensing and regulatory functions, except
as to the powers and duties of any city,
town, city-county, or county which are
specifically set forth in this chapter.
Any ordinance, resolution, -or other legislative act by any city, town, city-county.
or county relating to gambling in existence on September 27, 1973 shall be as of
that date null and void and of no effect.
Any
such city, town, city-county, or
county may thereafter enact onli such
LOTTERIES
9.59.010
--------------------------------------------------------------------------------------local law as is consistent with the powers
and duties expressly granted to and imposed upon it by chapter 9.46 RCW and
which is not in conflict with that chapter
or with the rules of the commission.
[ 1973 2nd ex.s. c 41 § 8.]
9.46.900
SEVERABILITY--1973 1ST EX.S.
f
218. If anyprovision-of-thischapter;
or ~ts application to any person
or
circumstance is held invalid, the remainder of the chapter, or the application of
the provision to other persons or circumstances is not affected. (1973 1st ex.s.
c 218 § 31.]
See note following RCW
9.47.360
280 § 7. ]
218 § 29.
JNJUNf!IO]~~
[ 1971 ex.s. c
Repealed by 1973 1st ex.s. c
IB~R~f!IOB
9.47.370
ex.s. c 280 § 8. ]
ex.s. c 218 § 29.
9.47.380
VI£~~
EV~li!L
Chapter 9.47
GAKBLING
RBQOF
AliQ
B~f.QBQ~
EVID~]f~~
Repealed
OF
POSSESSIQ]
Ql
g~=
~ll~CT==OCCUBB~f~
Ql
[ 1971 ex.s. c 280 § 9.]
Repealed by 1973 1st ex.s. c 218 § 29.
9.47.150
Qb~ES lQB niB] B~!B UNJ!ER~l=
(1967 c 90 § 1; 1923 c 21 § 1; RRS §
5103-1.] Repealed by 1973 1st ex.s. c 218
§ 29.
!~
9.47.160
TY-T]BMS
5103-2.]
§ 29.
9.47.390
AUTHORITY OF POLITICAL SUBDI!!2!Qli2
9B --AQEN~1~2--B~~l~I~IjQ_:~1ig§
QA~~2==RENb1!I.:.
[1971 ex.s. c 280 § 11.1
Repealed by 1973 1st ex.s. c 218 § 29.
9.47.400
GA.l1~1IliQ ]Q!
WH]li~
(1972
280 § 16.]
218 § 29.
9.47.170
bE]
I~~.§.L PARAR!!~BNALih ~QQKS
B~RQB!~
[1972 ex.s. c
RENAL!JES
lQB PRQl]22IOBA1
,APPLICABLE TO fERTA!N QAM]2L
ex.s. c 141 § 7; 1971 ex.s. c
Repealed by 1973 1st ex.s. c
GAMES FOR HIRE NEAR UNIVERSI-
TY--PENAL!!~ -[1923-c 21-§ 3;-RRs~-5103~
3.]
29.
Repealed by 1973 1st ex. s.
c
218
§
9.47.300
LEGISLATIVE
DECLARATION.
[1971 ex.s. c 280-~~]- Repealed by--1973
1st ex.s. c 218 § 29.
9.47.310
DEFINITIONS. (1972
141 § 1; 1 971ei~~c-280 § 2. ]
by 1973 1st ex.s. c 218 § 29.
9.47.410
YIOLATION2==RENAL!I~~~
[1971
ex.s. c 280 § 18.) Repealed by 1973 1st
ex.s. c 218 § 29.
9.47.420
ACTION FOB MON~I DA.!i!QES Qg~
VIOLATIONS--INTEREST--CLASS
ACTION,
(1971-ex~-c~o-~19~]-Repealed by-,973
1st ex.s. c 218 § 29.
TO
ex.s. c
Repealed
9.47.430
YIQLA!IQN2=-VQiniNQ Ql
1!=
QB f~B!lli~A!~~==~NEQB~~=
&~N!~
[1971 ex.s. c 280 § 20.]
Repealed
by 1973 1st ex.s. c 218 § 29.
~~N2~2L
9.47.320
PRQlES~JQBAL
GAMBLING UNLAWFUL--PENALTY. (1972 ex.s. c-141-~2;-1971
ei:~--c-280 § 3.] Repealed by 1973 1st
ex.s. c 218 § 29.
R~B.!iiTS
9.47.440
RRO!I21Qli~
~XCLUSIV~==~TRI£!
[1971 ex.s. c 280 & 25.]
Repealed by 1973 1st ex.s. c 218 § 29.
CD].§.!BUCTION~
9.47.330
SEIZURE AND ni~RQ~ITJQ] Ql
QAM~1INQ DE!JCE~_-o!NIM~ BUIINQL SE11INQL
ETC.L GAMBLING DEVICES OR RECORDS-PENALTIES. [1972-ei.s~c-14,-§ 3;-197,-ei~~-c
280 § 4.]
Repealed by 1973 1st ex.s. c
218 § 29.
9.47.340
Qb~~1!]Q
INFORMATION--PENAL(1972 ex.s. c 141 ~4;-1971--ex:s:--c
280 § 5. ]
Repealed by 1973 1st ex. s. c
218 § 29.
!~
1973 RCW SUPP.
[ 39 ]
Chapter 9. 59
LOTTERIES
9.59.010
CRIMES AND PUNISHMENTS
--------------------------------------------------------------------------------------(5)
When the person is at the time
unconscious of the nature of the act, and
this is known to the defendant;
Shall be punished by imprisonment in the
state penitentiary for not less than five
years.
(1973 1st ex.s. c 154 § 122; 1909
c 249 § 183; 1897 c 19 § 1; 1886 p 84 § 1;
code
18 8 1 § 8 1 2; 1 8 7 3 p 18 7 § 3 7 ; 1 8 6 9 p
204 § 35; 1854 p 80 § 33; RRS § 2435.)
222 § 103; 1854 p 93 § 98; RRS
§ 2464.]
Repealed by 1973 1st ex.s. c 218 § 29.
9.59.020
~ELLINQ II~~laL !Q!!EII~l!~~
[1909 c 249 § 213; Code 1881 § 913; 1873 p
205 § 109; 1869 p 222 § 103; 1854 p 93 §
98;
RRS §
2465. J
Repealed by 1973 1st
ex.s. c 218 § 29.
2gygfSbiliiY==l211 12i ~z~~
note following RCW 2.12.030.
9.59.050
!ERIISE11~1!1'.
1QITERI~~ OUI
QK
~.! !ONS~~IDE.!f~.:.
§ 216; RRS § 2468.]
ex.s. c 218 § 29.
12~~
See
9.79.020
CARNAL KNOWLEDGE--PENALTIES.
Every male person-who -shaiJ:-carnally--know
and abuse any female child under the age
of eighteen years, not his wife, and every
female person who shall carnally know and
abuse any male child under the age of
eighteen years, not her husband, shall be
punished as follows:
(1)
When such an act is commit ted upon
a child under the age of ten years,
by
imprisonment in the state penitentiary for
life;
(2)
When such an act is committed upon
a child of ten years and under fifteen
years of age, by imprisonment in the state
penitentiary for not more than twenty
years;
(3)
When such act is committed upon a
child of fifteen years of age and under
eighteen years of age, by imprisonment in
the state penitentiary for not more than
fifteen years.
[1973 1st ex.s. c
154 §
123; 1943 c 112 § 1; 1937 c 74 § r; 1919 c
132 § 1; 1909 c 249 § 184; 1897 c 19 § 1;
18 8 6 p 8 4 § 1 ; cad e 18 8 1 § 8 14 ; 1 8 7 3 p 1 8 7
§ 37; 1869 p 204 § 35; 1854 p 80 § 33;
Rem. Supp. 1943 § 2436.]
~TAI~==!~=
[1909 c 249
Repealed by 1973 1st
chapter 9.68
OBSCENITY
Revi2g£~2 ~~
The effective date of
the repeal of this section by chapter 122,
Laws of 1972 ex. sess. has been changed to
January 1, 1975. See note following RCW
70. 96A.C10.
~gyg£a£i1iiY==197J
Chapter 9.79
SEX CRIMES
lei
~z~e~
note following RCW 2.12.030.
9.79.030
~!Q!1~~Q~
9.79.010
B!PE~
Rape is an act of
sexual intercourse with a person not the
wife or husband of the perpetrator committed against the person's will and without
the person's consent.
Every perpetrator
of such an act of sexual intercourse with
a
person of the age of ten years or
upwards not his wife or husband:
(1)
When, through idiocy, imbecility or
any unsoundness of mind, either temporary
or permanent, the person is incapable of
giving consent; or
(2)
When the person's resistance is
forcibly overcome; or
(3)
When the person's resistance is
prevented by fear of immediate and great
bodily harm which the person has reasonable cause to believe will be inflicted
upon her or him; or
(4)
When the person's resistance is
prevented by stupor or weakness of mind
produced by an intoxicating narcotic or
anaesthetic agent administered by or with
the privity of the defendant: or
(
£
~~FINEQ.:.
2~!Q!1
£
12~~
See
Ili~B£2QB~~L
£!B!!1
~~1Q!~
fQlf~Q£!L
gRQ2!liQIIQl!L
Any sexual penetration, however
slight, is sufficient to complete sexual
intercourse or carnal knowledge.
The word
prostitution as used in this chapter and
title means any sexual conduct engaged in
for a fee or agreed or offered to be
engaged in for a fee between persons not
married to each other.
Sexual conduct
means either or both sexual intercourse or
any conduct involving the sex organs of
one person and the mouth or anus of
another. [1973 1st ex.s. c
154 § 124;
1909 c
249 § 185; 1873 p 187 § 37; RRS §
2437. ]
~gyg~Qi1i1Y==121J
le!
~Z.:.§.:.
£ 12~l
See
note following RCW 2.12.030.
9.79.040
£Q~f~LLI!2! ~R~Q! l'.Q l1ARE.!.:.
Every person who,
by force, menace, or
duress,
shall
compel
another
person
against his or her will to marry him or
her or to marry any other person, or to be
40
J
SEX CRIMES
9.79.080
--------------------------------------------------------------------------------------defiled, shall be punished by imprisonment
in the state penitentiary for not more
than twenty years, or by a fine of not
more than one thousand dollars,
or by
both. ( 1973 1st ex.s. c 154 § 125; 1909 c
249 § 186; Code 1881 § 813; RRS § 2438.]
2~!~IgE~1~!Y=_121l 12! ~~2~ ~ 1~~1
note following RCW 2.12.030.
See
Every
person
9. 7 9. 0 50
who(1)
Shall take another person who is
under the age of eighteen years for the
purpose of prostitution or sexual intercourse, or without the consent of his or
her father,
mother,
guardian or other
person having legal charge of such other
person, for the purpose of marriage; or
(2)
Shall inveigle or entice an unmarried person of previously chaste character
into a house of ill fame or assignation,
or elsewhere, for the purpose of prostitution; or
(3)
Shall take or detain another person
unlawfully against such person's will,
with intent to compel such person by
force, menace or duress, to marry him or
her or another person, or to be defiled;
or
(4)
Being the parent, guardian or other
person having legal charge of a person
under the age of eighteen years, shall
consent to the taking or detention of such
person by any other person for the purpose
of prostitution or sexual intercourse or
for
any obscene, indecent or immoral
purpose;
Shall be guilty of abduction and punished by imprisonment in the state penitentiary for not more than ten years or by
a fine of not more than one thousand
dollars, or by both.
(1973 1st ex.s. c
154 § 126; 1909 c 249 § 187; Code 1881 §
815; RRS § 2439.]
~~~Ig£i1i1Y==122J 121 ~~2~ ~ 1541
note following RCW 2.12.030.
See
lli HOll~~ Q!
£]QSTIIQIIQli~I~£I~~~
Every person who-( 1)
Shall place a female or male in the
charge or custody of another person for
immoral purposes, or in a house of prostitution,
with intent that he or she shall
live a life of prostitution, or who shall
compel any female or male to reside with
him or her or with any other person for
immoral purposes, or for the purpose of
prostitution, or shall compel any female
or male to reside in a house of prostitution or to live a life of prostitution; or
(2)
Shall ask or receive any compensation, gratuity or reward, or
promise
thereof, for or on account of placing in a
house of prostitution or elsewhere any
female for the purpose of causing her to
cohabit with any male person or persons
9.79.060
PLACIN§
1973 RCW SUPP.
£~]§Q~§
( 41
not her husband, or any m~le for the
purpose of causing him to cohabit with any
female person or persons not his wife; or
(3)
Shall give, offer, or promise any
compensation, gratuity or reward, to procure any person for the purpose of placing
such person for immoral purposes in any
house of prostitution, or elsewhere; or
(4)
Being the spouse of any person, or
the
parent, guardian or other person
having legal charge of such person shall
connive at,
consent to or permit such
person being or remaining in any house of
prostitution or leading a life of prostitution; or
(5)
Shall live with or accept any earnings of a common prostitute, or entice or
solicit any person to go to a house of
prostitution for any immoral purpose;
Shall be punished by imprisonment in the
state penitentiary for not less than one
year nor more than five years. (1973 1st
ex.s. c 154 § 127; 1927 c 186 § 1; 1909 c
249 § 188; RRS § 2440. ]
§~yg~£~1~1Y==121J 121 g!~2~ ~ 12~1
note following RCW 2.12.030.
See
9.79.070
~EDUCTIQli~
Every person who
shall seduce and have sexual intercourse
with
any person of previously chaste
character, shall be punished by imprisonment in the state penitentiary for not
more than five years or by imprisonment in
the county jail for not more than one year
or by a fine of not more than one thousand
dollars, or by both fine and imprisonment:
PROVIDED, That if at any time before
judgment upon an information or indictment, a defendant shall marry such person,
the court shall order all further proceedings stayed.
[1973 1st ex.s. c 154 § 128;
1909 c 249 § 189; 1905 c 33 § 1; code 1881
§ 816; RRS § 2441.]
~gygra£i1ity==J211 121 g~~ £
note following RCW 2.12.030.
1~~1
See
9.79.080
I~Q~fENI 1l]]]!1]2L ~!£92YE]L
ETC.
(1)
Every person who takes any
Indecent liberties with, or on the person
of any other person of chaste character,
without the other person's consent, shall
be guilty of a gross misdemeanor;
(2)
Every person who takes any indecent
liberties with or on the person of any
child under the age of fifteen years, or
makes any indecent or obscene exposure of
his person,
or of the person of another,
whether with or without his or her consent, shall be guilty of a felony. and
shall be punished by imprisonment in the
state
penitentiary for not more than
twenty years, or by imprisonment in the
county
jail for not more than one year.
[1973 1st ex.s. c 154 § 129; 1955 c 127 §
1;
1909 c 249 § 190; 1937 c 74 § 2; RRS §
24 42. ]
9.79.080
CRIMES AND PUNISHMENTS
------------------------~--------------------------------------------------------------
~gYg£s£iliiY= 197} 12i g~2~ £ 154~
note following RCW 2.12.C30.
see
Chapter 9.87
VAGRANCY
9.87.010
Reviser's note·
The effective
date
of
the--amendmen~o this section by chapter
122, Laws of 1972 ex. sess.
changed to January 1, 1975.
following RCW 70.96A.010.
has been
see note
Chapter 9.91
MISCELLANEOUS CRIMES
9.91.120
KQQg STAM~ A!g FOOD fUR=
WIT!! §.llMPS--R~§.li1ING QR fY.RCH_ASAny person who resells food stamps
manufactured under the food stamp program
established pursuant to RCW 74.04.500,
74.04.505 and 74.04.510, or food purchased
therewith, and any person who knowingly
purchases such resold stamps or food,
shall (1)
if the face value of the stamps
or food transferred be one hundred dollars
or more, be guilty of a gross misdemeanor
and (2) if the face value of the stamps or
food transferred be less than one hundred
dollars, shall be guilty of a misdemeanor.
[ 1973 2nd ex. s. c 6 § 1.)
~HASEQ
ING~
Cross Reference:
Food stamp program:
74.04.527.
RCW
74.04.500-
Chapter 9,95
PRISON TERMS, PAROLES AND PROBATION
Cross References:
Interstate parole and probation hearing
procedures: Chapter 9.95B RCW.
Victims of crimes, reimbursement by convicted person as condition of work release
or parole: RCW 7.68.120.
9.95.270
fERYISIQM QI
UNIIQIU1 .A~.L.
Cross Reference:
Interstate parole and probation
procedures:
Chapter 9.95B.
hearing
Chapter 9.95A
SPECIAL ADULT SUPERVISION PROGRAMS
9.95A.010
LEGISLATIVE INTENT.
It is
the intention o~the legislature-in enacting this chapter to increase the protection afforded the citizens of this state,
to permit a more even administration of
justice in the courts, to rehabilitate
[ 42
adult offenders, and to reduce the necessity for commitment of adults to either
state or county ~nstitutions for convicted
persons by developing, strengthening and
improving both public and private resources available in the local communities and
counties and the care, treatment
and
supervision of adults placed in "special
adult supervision programs" by the courts
of this state.
[1973 1st ex.s. c 123 §
1.)
9.95A.020
STATE TO ~!!.ARE IE £9~1:~~
From any state-moneys-made available for
such purpose,
the state of washing~on,
through the department of social
and
health services, shall, in accordance with
this chapter, share in the cost of supervising and providing services for persons
processed in the courts as nondangerous
adults who could otherwise be committed by
the superior courts to the custody of the
department of social and health services,
but who are instead granted probation and
placed in "special adult supervision programs". [1973 1st ex.s. c 123 § 2.]
9.95A.030
DEfiNITIQ!~
As used in
this chapter:
(1)
"Secretary" means the secretary of
the department of social
and
health
services.
(2)
"Department" means the department
of social and health services.
(3)
"Special adult supervision program"
means a program (a)
directly operated by
the county or (b)
provided for by the
county by purchase, contract or agreement,
or (c)
a combination of subsections
(a)
and
(b), which embodies a degree of
supervision substantially above or better
than the usual, individualized so as to
deal with the individual and his family in
the context of his total life, or which
embodies the use of new techniques in
addition to, or instead of, routine supervision techniques or those otherwise or
ordinarily
available
in the applying
county, and which meets the standards
prescribed pursuant to this chapter.
A
person may only be placed in a special
adult
supervision program pursuant to
court order. The court is hereby aut horized to make such order.
(4)
"Deferred prosecution" means a special supervision program, for an individual, ordered for a specified period of time
by the court prior to a guilty plea to, or
a trial on, a felony charge, pursuant to
either:
(a)
A written agreement of the prosecuting attorney, defendant, and defense
counsel, with concurrence by the court; or
(b)
A motion by the prosecuting attorney or defendant, the court being satisfied based upon all appropriate evidence,
that a deferred prosecution program for
the indicated individual is in the best
interests
of
society
and
of
the
individual.
]
SPECIAL ADULT SUPERVISION PROGRAMS
9.95A.060
--------------------------------------------------------------------------------------A deferred prosecution program
shall
provide that at the end of the court
ordered specified time, if the defendant
has satisfied all the conditions of the
program, the charge shall be dismissed;
but if the defendant does not meet any of
the conditions of the program at any time
prior
to completion of the specified
period, the court may enter an order
rescinding the deferred prosecution program and authorizing the prosecution to
proceed.
The court is hereby authorized to make
such orders as are described in this
section.
(5)
"County" means one county or two or
more counties acting jointly or in combination by agreement.
(6)
"Court" means a superior court of
the state of washington for a county or
judicial district. [ 1973 1st ex. s. c
123
§ 3. ]
9.95A.040
EY~~~==~TANQAEQ~==RBQ£~=
The department of social and
health services shall adopt rules prescribing minimum standards for the operation
of
"special
adult
supervision
programs", including those authorized in
RCW 9.95A.070, and such other rules as may
be necessary for the administration and
implementation of the provisions of this
chapter.
Such standards shall be sufficiently flexible to foster the development
of new and improved supervision or rehabilitative practices.
The secretary shall
seek advice from appropriate county and
local officials as well as concerned and
involved private citizens in developing
standards and procedures for the content
and operation of "special adult supervision programs", but the implementation of
all such programs shall first be approved
by the secretary. [1973 1st ex.s. c 123 §
4. )
QQB~~~
9.95A.050
ARR1lCAIION !QE
FINANCIA1
Any county may make application to
the department in the manner and form
prescribed by the department for financial
aid for the cost of "special adult supervision programs".
Any such application
must include a comprehensive plan or plans
developed
for providing special adult
supervision programs for appropriate persons, and a method of certifying that
moneys received are spent only for such
"special
adult
supervision programs".
[1973 1st ex.s. c 123 § 5.]
AID~
9.95A.060
~EIYJ~2
TERMS AND CONDITIONS FOR RE-
STAI~-Fuli~~==£A1£Yt!IIQN~L-~Tc:-:
EEin]YEa~MENIS-=A1I~ENAII!~~
No county
shall be entitled to receive any state
funds provided for the purposes of this
chapter until its application is approved,
and unless and until the standards prescribed by the department are complied
1973 RCW SUPP.
with, and then only on such terms as are
set forth in this section.
(1) A base commitment rate for each
county and for the state as a whole shall
be calculated by the department. The base
commitment rate shall be determined by
computing the ratio of the number of
persons convicted of felonies and committed to state correctional institutions for
convicted felons to the number of persons
convicted of felonies, such ratio to be
expressed as a rate per hundred persons
convicted of felonies for each of the
calendar years 1966 through 1970:
PROVIDED, That deferred prosecution,
deferred
and suspended sentences pursuant to chapters 9.95 RCW and 9.92 RCW, as well as
other convictions of felonies shall, for
purpose of these computations only, be
counted as "convictions of felonies".
The
average of these rates for a county for
the five year period, or the average of
the last two years of the period, whichever is higher, shall be the base commitment
rate, as certified by the
secretary:
PROVIDED, FURTHER, That a county may elect
as its base commitment rate the average of
the base commitment rates of all counties
in the state over the last two years of
the period described in this subsection.
(2)
An annual commitment rate shall be
calculated by the department at the end of
each year for each participating county
and for the state as a whole, in a like
manner as provided in subsection
(1)
of
this section. In addition, the department
shall at the same time determine the
number of persons placed in special adult
supervision programs in each participating
county.
(3)
The "commitment reduction number"
is the amount obtained by subtracting (a)
the product of the most recent annual
commitment rate and the number of persons
convicted of felonies in the county for
the same year,
from {b)
the product of
the base commitment rate and the number of
persons
convicted of felonies in the
county for the same year employed in (a) .
(4)
Except as provided in this chapter,
the amount that may be paid to a county
pursuant to this chapter shall not exceed
the actual cost of the operation of a
special adult supervision program.
Reimbursement shall be computed by multiplying
the commitment reduction number by actual
program cost or four thousand eight hundred dollars,
whichever is less; and by
adding thereto the product obtained by
multiplying
(a)
the number of persons
charged with or convicted of felonies in
excess of the commitment reduction number
who have been placed in a special adult
supervision program, if any, by (b)
actual program cost or three thousand dollars,
whichever is l~ss:
PROVIDED, That reimbursement shall not be authorized when a
county exceeds its base commitment rate.
Notwithstanding the
limitations
set
forth in this subsection, there shall be
paid to the county on account of each
person placed in a deferred prosecution
[ 43 ]
9.95A.060
CRIMES AND PUNISHMENTS
-------------------------------------------------------------------------------~-------
special adult supervision program,
one
hundred fifteen percent of the amount paid
on account of each person placed in a
special adult supervision program, but not
in a deferred prosecution program.
(5)
The secre~ary shall reimburse a
county upon presentation and approval of a
valid claim pursuant to the provisions of
this chapter based on actual performance
in reducing the annual commitment rate
from its base commitment rate, and placing
appropriate persons in special adult supervision programs.
Whenever a claim made
by a county pursuant to this chapter,
covering a prior year, is found to be in
error, an adjustment may be made on a
current claim without the necessity of
applying the adjustment to the allocation
for the prior year.
(6)
In the event a participating county
earns in a payment period less than onehalf of the sum paid in the previous
payment period because of extremely unusual circumstances claimed by the county and
verified by the secretary, the secretary
may pay to the county a sum not to exceed
actual program expenditures:
PROVIDED,
That in subsequent periods the county will
be paid only the amount earned.
(7)
If the amount received by a county
in reimbursement of its expenditures in a
calendar year is less than the maximum
amount computed under subsection
(4)
of
this section, the difference may be paid
to the county as reimbursement of program
costs during the next two succeeding years
upon receipt of valid claims for reimbursement of program expenses.
(8)
Funds received by
participating
counties pursuant to this chapter shall
not be used to replace local funds for
existing programs for adults on probation
based on either felony or misdemeanor
offenses.
Such funds may also not be used
to develop or build county institutional
programs or facilities, except such as
qualify pursuant to RCW 9.95A.040.
(9)
Any
county averaging less than
twenty felony commitments annually during
either the two year or five year period
used to determine the base commitment rate
as defined in subsection (11
of this
section may:
(a)
Apply for subsidies under subsections (1) through (7) of this section; or
(b)
As an alternative, elect to receive
from the state the salary of one full-time
probation officer and related employee
benefits; or
(c)
Elect to receive from the state the
salary and related employee benefits of
one full-time additional probation officer, and in addition, reimbursement for
certain supporting services other than
capital outlay and equipment, the total
cost of which will not exceed a maximum
limit established by the secretary; or
(d)
Elect to receive from the state
reimbursement for certain supporting services other than capital outlay and equipment, the total cost of which will not
[ 44
exceed a maximum limit established by the
secretary.
(10}
In the event a county chooses one
of the alternative proposals set forth in
subparagraphs (b), (c) or (d)
of subsection
(9)
of this section, it will be
eligible for re~mbursement only so long as
the officer and supporting services are
wholly used in the performance of services
to provide supervision of persons eligible
for state commitment and in special adult
supervision programs, and are paid in
accordance with a salary schedule adopted
by rule of the department, and:
(a)
If its base commitment rate is
below the state average, its annual commitment rate does not exceed the base
commitment rate for the entire state; or
(b}
If its base commitment rate is
above the state average, its annual commitment rate does not in the year exceed
by four its own base commitment rate.
(11)
Where any county does not have a
probation officer, but obtains such services by agreement with another county or
counties, or,
where two or more counties
by agreement mutually provide
special
adult supervision program services for
such counties,
then under such circumstances the secretary may make the computations and payments under this chapter as
though
the counties served with such
services were one geographical unit.
(12)
Notwithstanding
the limitations
imposed by this section, the secretary may
make additional reimbursement of not to
exceed ten percent of earnings pursuant to
RCW 9.95A.C10 through 9.95A.060 to counties operating and providing special adult
supervision
program services mutually,
jointly, or in combination, in accordance
with rules and standards adop~ed by the
secretary. [1973 1st ex.s. c 123 § 6.]
9.9sA.o7o
ADQrTIQli!1 R~IMBUR~~ME!! rQR
PROGRAM FOR MISDEMEANANT OFFENDERS.
In
the-eventa participating coilnty -e-Iects to
broaden its special adult
supervision
program to provide services and care for
misdemeanant offenders, the county, either
itself or acting
jointly with another
county or city, may receive from any state
moneys made available for such purpose an
additional reimbursement of program costs
not
to exceed thirty percent of its
earnings pursuant to RCW 9.9SA.010 through
9.95A.060:
PROVIDED, That to receive such
additional reimbursement, the county, or
combination of counties or county and
city, must provide a like sum for the
purpose of equally matching the state's
payment for misdemeanant offender special
supervision programs.
(1973 1st ex.s. c
123 § 7
0
]
9.95A.080
fRQ RATA ~!!~~!!~ fQR ]~QYf=
COMMITMENTS AND PLACEMENT
IN
RRQQ]!~ -The-secretary-may-make-pro rata
payments to eligible counties for periods
of less than one year, but for periods of
IIQN I!
INTERSTATE PAROLE AND PROBATION HEARING PROCEDURES
9.95B.030
--------------------------------------------------------------------------------------not less than six months, upon satisfactory demonstration of a reduction in commitments and placement of persons in special
adult supervision programs in accordance
with the provisions of this chapter and
the
regulations of the department of
social and health services.
( 1973 1st
ex.s. c 123 § 8.]
9.95A.090
QQBIMg
liRST
MINIMUM PAYMENTS TO COUNTIES
Twi1vE-nQiTa~~-iotwithstana:
ing any other provision of this chapter,
for the first twelve month period of a
county's participation, the county shall
be paid no less than the product obtained
by multiplying (a)
the number of persons
charged with or convicted of felonies who
have been placed in a special
adult
superv~s~on
program,
by
(b)
the actual
program cost or three thousand dollars,
whichever is less.
(1973 1st ex.s. c 123
§ 9. 1
9.95A.900
EFFECTIVE
DATE--1973
1~!
]~~ ~ ll~ The-eftective-aate--oi this
act shall be January 1, 1974.
[1973 1st
ex.s. c 123 § 11.]
Chapter 9.95B
INTERSTATE PAROLE AND PROBATION HEARING
PROCEDURES
cross Reference:
Interstate compact for out-of-state supervision of parolees or probationers:
RCW 9.95.270.
9.95B.010
RARQ1~
OR RliQ~!!lON !IOLA=
!IONS==!!~ARI!ig
li]Ql!IliEME.!fTS==R!!,SPOS]=li]=
gORI IQ ~N~NG ~IATE-=f!!2IQQX~
Where
supervision of a parolee or probationer is
being administered by this state pursuant
to RCW 9.95.270, the interstate compact
for the out-of-state supervision of parolees and probationers,
the
appropriate
interstate compact administrative authorities in this state shall notify
the
compact administrator of the sending state
whenever, in their view, consideration
should be given to retaking or reincarceration for a parole or probation violation.
Prior to the giving of any such notification, a hearing at or near the site of the
alleged violation shall be held in accordance with this chapter within a reasonable time,
unless such hearing is waived
by the parolee or probationer.
The purpose of such hearing shall be to determine
whether there is probable cause to believe
that the parolee or probationer has committed a violation of a condition of
parole or probation, and if so, whether or
not there is reason to believe that the
violation or violations are of such a
nature that revocation of parole or probation should be considered. The appropriate officer or officers of this state
shall,
as soon as practicable following
1973 RCW SUPP.
termination of any such hearing,
report,
through the interstate compact admi~istra­
tor's office, to the sending state,
furnish a copy of the summary and digest of
the hearing, and may, in addition,
make
recommendations,
with reasons, regarding
the disposition to be made of the parolee
or
probationer by the sending state.
Pending any proceeding pursuant to this
section, the appropriate officers of this
state may take custody of and detain the
parolee or probationer involved for a
period not to exceed ten days prior to the
hearing and, if it appears to the hearing
officer or officers that retaking
or
reincarceration is likely to follow, for
such reasonable period after the hearing
or waiver as may be necessary to arrange
for the retaking
or
reincarceration.
[1973 c 21 § 2.]
9.955.020
QYA1!fiC!IIQ!~
Qf
HEARING
OFFICERS.
Any hearing pursuant to-this
chapter-may be before the administrator of
the interstate compact for the out-ofstate supervision of parolees and probationers, a deputy of such administrator,
or any other person or persons authorized
pursuant to the laws of this state to hold
preliminary hearings or hear cases involving alleged parole or probation violation,
except that no hearing officer shall be
the person or direct supervisor of the
person making the allegation of violation.
( 1 97 3 c 21 § 3. ]
9.95B.030
HEARI.NG-=!iOTI~~
CONTENT-PRQ~EDUR~ With respect to any--hearing
pursuant to this chapter, the parolee or
probationer:
(1)
Shall have reasonable notice in
writing of the nature and content of the
allegations to be made, including notice
that its purpose is to determine whether
there is probable cause to believe that he
has committed a violation of a condition
of parole or probation, and if so, whether
or not there is reason to believe that the
violation or violations are of such a
nature that revocation of parole or probation should be considered.
(2) Shall be permitted to consult with
any persons whose assistance he reasonably
desires, prior to the hearing.
(3)
Shall have the right to confront
and examine any persons who have made
allegations or given evidence against him,
unless the hearing officer determines,
on
a reasonable basis, that such confrontation would present a substantial present
or subsequent danger of harm to such
person or persons in which case a written
general summary of the evidence, without
disclosure of the identity of the witness,
shall
be provided to the parolee or
probationer who shall have the opportunity
to present evidence relevant to or controverting any information contained in the
summary.
[ 45 ]
9.95B.030
CRIMES AND PUNISHMENTS
--------------------------------------------------------------------------------------(4)
May admit, deny or explain the
violation alleged and may present proof,
including affidavits and other evidence,
in support of his contentions.
A record
of the proceedings shall be made,
and
preserved for no less than ninety days.
[1973 c 21 § 4.]
9.95B.040
li]!RI~2~
~X
Q!li]R ~IATE~==
EFFECT ON THIS STATE.
In any case of
~ll~g~d-parole or-probation violation by a
person being supervised in another state
pursuant to the interstate compact for the
out-of-state supervision of parolees and
probationers,
any appropriate judicial or
administrative officer or agency in another state is authorized to hold a hearing
on the alleged violation, which hearing
shall be substantially similar to the
hearing required by RCW 9.95B.030.
Upon
receipt of the record of a parole or
probation violation hearing htld in anoth·
er state pursuant to a statute substantially similar to this chapter,
such
record shall have the same standing and
effect as though the proceeding of which
it is a record was had before the appropriate officer or officers of this state.
Should any recommendations be contained in
or accompany the record, such recommendations shall be considered by the appropriate officer or officers of this state in
making disposition of the matter. [1973 c
21 § 5.]
9.95B.900
]ff]~I1!] QATE==12Il
c 21.
This act shall take effect on July-1;
1973. [ 1973 c 21 § 6.]
chapter 9.96
RESTORATION OF CIVIL RIGHTS
Cross Reference:
Restoration of employment rights:
ter 9,96A RCW.
civil
rights:
ISSUED BY
~lQM~
NY
STATE
AND
POLITICAL
__QI~QYAb1fJ~ATIO~-~Qj-To
CONVICTION
Notwithsta~ding--any
SUBDIVI-
RBIQR-E~bQ=
REMOVED--EXCEPTIONS.
other--pro~isions-ot
law to the contrary, a person shall not be
disqualified from employment by the state
of Washington or any of its agencies or
political subdivisions, nor shall a person
be disqualified to practice, pursue or
engage in any occupation, trade, vocation,
or business for which a license,
permit,
certificate or registration is required to
be issued by the state of Washington or
any of its agencies or political subdivisions solely because of a prior conviction
of a felony:
PROVIDED, This section shall
not preclude the fact of any prior conviction of a crime from being considered.
However, a person may be ,denied employment
by the state of Washington or any of its
agencies or political subdivisions,
or a
person may be denied a license, permit,
certificate or registration to pursue,
practice
or engage in an occupation,
trade, vocation, or business by reason of
the prior conviction of a felony if the
felony for which he was convicted directly
relates to the position of employment
sought or to the specific occupation,
trade, vocation, or business for which the
license, permit, c~rtificate or registration is sought, and the time elapsed since
the conviction is less than ten years.
[1973 c 135 § 2.]
9.96A.030
~flAP!~B
BQI APPLICABLE IQ
LAW ENFORCEMENT AGE]~];~~~ ThiS--~h~pter
sh~ll--~ot--be- applicable to any law enforcement agency; however, nothing herein
shall be construed to preclude a law
enforcement agency in its discretion from
adopting the policy set forth in this
chapter. ( 1973 c 135 § 3. J
Chap-
Chapter 9. 96A
RESTORATION OF EMPLOYMENT RIGHTS
Cross Reference:
Restoration of
9.96 RCW.
RQ~11~ ~~R1Q!~E]I==1If~]~~~~
f~R!IfiC!IE~L QB B~~I~!RAI1QM~
9.96A.020
R~B~II~L
Chapter
9.96A.010
LEQ1§1A111I
Q]~LABATIQ~~
The legislature declares that it is the
policy of the state of Washington to
encourage and contribute to the rehabilitation of felons and to assist them in the
assumption of the responsibilities
of
citizenship, and the qpportunity to secure
employment or to pursue, practice
or
engage in a meaningful and profitable
trade, occupation, vocation, profession or
business is an essential i~gredient to
rehabilitation and the assumption of the
responsibilities of citizenship. [1973 c
135 § 1. ]
[
9.96A.040
VIOLATIO]~==!QJUDI~!!IQ~
PURSUANT TO ADMINISTRATIVE PROCEDURE !£!~
Any--complaints--or--grieva~ces-;on~erning
the violation of this chapter shall be
processed and adjudicated in accordance
with the procedures set forth in chapter
34.04 RCW,
the administrative procedure
act. [ 1973 c 135 § 4. 1
9.96A.050
PROVIS];Q~~
OF CHAPTER PRE!!111~~ The provisions of this--chapt~r
shall prevail over any other provisions of
law which purport to govern the denial of
licenses, permits, certificates, registra·
tions, or other means to engage in a
business, on the grounds of a lack of good
moral character, or which purport
to
govern the suspension or revocation of
such a license,
permit, certificate, or
registration on the grounds of conviction
of a crime. [1973 c 135 § 5.]
46 ]
GRAND JURIES--CRIMINAL INVESTIGATIONS
10.16.150
--------------------------------------------------------------------------------------9.96A.900
~f~~!I!~ Q!1~==1~1~ £ 135~
This act shall take effect on July 1.
1973. [ 1973 c 135 § 7.)
TITLE 10
CRIMINAL PROCEDURE
10.77.110
Acquittal of defendant--Release
or hospitalization, alternative
10.77.120
Confinement of committed person--Custody--Hearings-Discharge.
Statement of facts or bill of
exceptions as part of record.
Periodic examinations--Reports--Notice to court.
Conditional release--Application--Procedure.
Conditional release--Reports as
to adhere~ce to terms and conditions of release.
Payments to conditionally released persons.
Conditional release--Periodic
review of case.
Conditional release--Modification of terms--Procedure.
Pinal discharge--Procedure.
Right to adequate care and
treatment--Records and reports
to be kept--Availability.
Incarceration in correctional
institution or facility
prohibited.
Appeals.
Existing rights not affected.
Responsibility for costs-Reimbursement.
Savings--Construction.
Severability--1973 1st ex.s. c
117.
Chapter successor to chapter
10.76 RCW.
Effective date--1973 1st ex.s.
c 117.
treatment--Pinding~rder.
10.77.130
10.77.140
10.77.150
Sections added, amended, or repealed:
10.77.160
£h~E1~£ 1Q~1§
10.16.150
R£~11millg£~ H~~£ing§~
10.77.170
Recognizances for minors.
£haE1~ 1~1§
10.77.180
In~ni!y £1~==~~Qseg~~nt
££Q£~du~.!.
10.76.010
10.76.020
10.76.030
10.76.040
10.76.050
10.76.060
10.76.070
10.76.080
10.77.190
Definition "criminally insane."
Pleading insanity.
Instructions to jury on special
verdict.
Verdict-Orders applicable to
various verdicts.
statement of facts--certification--Preservation.
Institutional placement--Custody-D5..scharge.
Procedure to secure discharge
from confinement as criminally
insane.
Relapse-Recommitment-Procedure.
10.77. 200
10.77.210
10.77.220
10.77.230
10.77.240
10.77.250
10.77.900
10.77.910
10.77.920
£hapt~~ 1~11
££iming1~ In~n~==Pro£~~
!l~~~h
10.77.010
10.77.020
10.77.030
10.77.040
10.77.050
10.77.060
10.77.070
10.77.080
10.77.090
10.77.100
10.77.930
Definitions.
Right to legal counsel--Waiver--Finding--Right to expert
and attorney when subjected to
mental status examination--Indigents--order of commitment or
treatment--Self-incrimination.
Mental disease or defect--Admissibility in evidence-Evidence required to establish as
a defense--Acquittal verdict
and judgment.
Instructions to jury on
verdict.
Trial, conviction, or sentencing of person under mental
incapacity.
Plea of not guilty due to mental disease or defect-Examination-Report.
Examination rights of defendant's expert or professional
person.
Judgment of acquittal-Grounds-Procedure.
Stay of proceedings-GroundsProcedure.
Experts or professional persons
as witnesses--Scope of testimony-Examination.
1973 RCW SUPP.
10.85.025
Offenses against transportation--Reward upon proof of
conviction.
Cross Reference:
Victims of crimes, compensation:
ter 7.68 RCW.
Chap-
Chapter 10.16
PRELIMINARY HEARINGS
10.16.150
RECOGNIZANCES
FOR niNOR~
When any minor-Is-a-materi~l witness,
any
other person may be allowed to recognize
for the appearance of such witness, or the
magistrate may,
in his discretion, take
the recognizance of such minor in a sum
not exceeding fifty dollars which shall be
valid and binding in law, notwithstanding
the disability of minority.
[ 1973 1st
ex.s. c 154 § 19; Code 1881 § 1931; 1873 p
396 § 230; 1854 p 108 ~ 38; RRS § 1961.]
~~Y~£~bi!i1Y==~73
l§i
~!~§~
note following RCW 2.12.030.
[ 47 )
£
154~
See
Ch.
10.27
CRIMINAL PROCEDURE
--------------------------------------------------------------------------------------10.77.010
Q~FINI!IQ!~
As used
in
this chapter:
(1)
"Criminally insane" means any person who has been acquitted of a crime
charged by reason of mental disease or
defect
excluding
responsibility,
and
thereupon found to be a substantial danger
to himself or other persons and in need of
further control by the court or other
persons or institutions. No condition of
mind proximately induced by the voluntary
act of a person charged with a crime shall
be deemed a mental disease or defect
excluding responsibility.
(2)
"Indigent 11 means any person who is
financially unable to obtain counsel or
other necessary expert or professional
services without causing substantial hardship to himself or his family.
(3)
"Secretary" means the secretary of
the department of social and health serv•
ices or his designee.
(4)
"Department" means the state department of social and health services.
(5)
"Treatment" means any
currently
standardized
medical or mental health
procedure including medication. [1973 1st
ex. s. c 117 § 1. ]
Chapter 1J.27
GRAND JURIES--CRIMINAL INVESTIGATIONS
Cross Reference:
Interpreters--Legal proceedings:
ter 2.42 RCW.
Chap-
Chapter 10.76
INSANITY PLEA-SUBSEQUENT PROCEDURE
10.76.010
DEFINITION "CRIMINALLY ll=
( 1907 c-3o§1;-1an_P"_239 §- 262;
RRS § 2173.] Repealed by 1973 1st ex.s. c
117 § 29.
§.!l!h~
10.76.020
f1t!Qf~~ !~NI!!~
[1907 c
30 § 2; RRS § 2174.] Repealed by 1973 1st
ex.s. c 117 § 29.
!Q ~QRY QN ~g]=
[1907 c 30 § 3; RRS §
Repealed by 1973 1st ex.s. c 117 §
IM2!EUC!JQ~~
10.76.030
~1!1
!]]QI£1~
2175.]
29.
10.76.040
~QI~!--~Q]]§
10.77.020
APPLICABLE
(1907 c 30-~;-1891
c 28 § 79; Code 1881 § 1101; 1873 p 239 §
262;
1854 p 121 § 126; RRS § 2176. J
Repealed by 1973 1st ~x.s. c 117 § 29.
!Q !ABIQY~ ~R~~~
g]Q~~li~
1Q
~~~QRE
QIS=
AS CRIKINALLY
JN2AN~~ (1971 c 81 §51; 196S ex~-c-9§
2;
1957 c 48 § 2; 1907 c 3.Q § 6; RRS §
6970.) Repealed by 1973 1st ex.s. c 117 §
29.
IRQ~
~Q!IIN~~!
10.76.080
REtA£§.~mH!!HENT-=:n2=
[1971 c 81 §52; 1907 c 30 § 7;
RRS § 6971.] Rep~aled by 1973 1st ex.s. c
117 § 29.
~EDU~~
Chapter 10.77
CRIMINALLY INSANE--PROCEDURES
cross Reference:
Mentally ill, commitment:
RCW.
Chapter 71.02
[
1EGAL
~QqliSE1==
_MPER! AND !!=
TO
TO
(1)
At any and all stages of the proceedings pursuant to this chapter, any
person
subject to the provisions of this chapter
shall be entitled to the assistance of
counsel, and if the person is indigent and
unable to retain counsel the court shall
appoint counsel to assist him.
A person
may waive his right to counsel
only
following a specific finding by the court
that he is competent to so waive.
In
making such findings, the court shall be
guided but not limited by the following
standards:
Whether the person attempting
to waive the assistance of counsel,
does
so understanding:
(a)
The nature of the charges;
(b)
The
statutory
offense included
within them;
(C)
The range of allowable punishments
thereunder;
(d)
Possible defenses to the charges
and circumstances in mitigation thereof;
and
(e)
All other facts essential to a
broad understanding of the whole matter.
(2)
Whenever any person is subjected to
a mental status examination pursuant to
any provision of this chapter,
he may
retain an expert or professional person to
participate in the examination in his
behalf.
In the case of a person who is
indigent, either the court or the secretary shall upon his request assist the
person in obtaining an expert or professional person to participate in the examination or hearing on his behalf.
An
expert or professional persor. obtained by
10.76.060
JN~!IIY!IQ!AL
PLACEMENT-~JlliTOQ!=QISCHARGk. [1971 c 81 §50; 196S
ex.s.
c 9 § 1; 1957 c 48 § 1; 1907 c 30 §
8; RRS § 6972.]
Repealed by
1973 1st
ex.s. c 117 § 29.
10.76.070
!Q
TOJH!EY ,RHEfi ~.!!lh!~gED
gNT!!; 2I..!!Q2
~X!.!1INlli0!!=:1@IG~!..§.=ORDE~
Qf. £QI'IMI!=
~~li!
QR
IR~!!nEN!==~!bF-rN~niNA!JQ~
10.76.050
STATEMENT OF FACTS--CERTIFICATION--PRESERVIDON.--[ 1971c--B-1-§--49;
1907c-'Jo§-siRiis§ 6969. 1 Repealed by
1973 1st ex.s. c 117 § 29.
~]!RG~
RIQft!
!!J!ER==fiNQJNG-=!i.IQHT
48
CRIMINALLY INSANE--PROCEDURES
10.77.060
--------------------------------------------------------------------------------------or defect excluding responsibility?
3. If your answer to number 2
is yes, is the defendant a
substantial danger to himself or others and in need
of control by the court or
other persons or institutions?
an indigent person pursuant to the provisions of this chapter shall be compensated
for his services out of funds of the
department,
in an amount determined by it
to be fair and reasonable.
(3)
Whenever any person has been committed under any provision of this chapter, or ordered to undergo alternative
treatment following his acquittal of a
crime charged by reason of mental disease
or defect excluding responsibility,
such
commitment or treatment cannot exceed the
maximum possible penal sentence for any
offense charged,
If at the end of that
period the person has not been finally
discharged and is still in need of commitment or treatment, civil commitment proceedings
may
be
instituted,
if
appropriate.
(4)
Any time the defendant is being
examined by court appointed experts or
professional persons pursuant to the provisions of this chapter, he shall be
entitled to have his attorney present. If
the defendant is indigent and unable to
retain counsel, the court upon the request
of the· defendant shall appoint counsel to
assist the defendant.
The defendant may
refuse to answer any question if
he
believes his answers may tend to incriminate him or form links leading to evidence
of an incriminating nature.
[ 1973 1st
ex.s. c 117 § 2.]
10.77.030
ADMI~~I~I1IIX
QYI~gQ
IQ
!~1 Y~~Ql~I
[1973 1st ex.s. c 117 § 4.]
10.77.050
!R1A1~
£QNVI~TIQML
QS ~g~=
TENCING OF PERSON UNDER MENTAL INCAPACITY.
No---p~rson--;h;- iac£5 ~t~--capacit¥--to
understand the proceedings against him or
to assist in his own defense as a result
of mental disease or defect shall be
tried, convicted, or sentenced for the
commission of an offense so long as such
incapacity continues.
[1973 1st ex.s. c
117 § 5.]
10.77.060
g1EA OF NO! ~UI1!X QUE !Q
MENTAL DISEASE QR DEFECT--EXAMINATION-REfQBI~ --(1)-- whenever--a- defendant-has
pleaded not guilty by reason of mental
disease or defect excluding responsibility, or there is reason to doubt his
fitness to proceed as a result of mental
disease or defec~, the court on its own
motion or on the motion of any party shall
appoint, or shall request the secretary to
designate, at least two qualified experts
or professional persons, one of whom shall
be approved by the prosecuting attorney,
to examine and report upon the mental
condition of the defendant. For purposes
of the examination, the court may order
the defendant committed to a hospital or
other suitable facility for a period of
time necessary to complete the examination, but not to exceed fifteen days.
(2)
The court shall direct that a qualified expert or professional person retained by the defendant be permitted to
witness the examination authorized
by
subsection
(1)
of this section, and that
he shall have access to all information
obtained by the court appointed experts or
professional persons.
The
defendant's
expert or professional person shall have
the right either to join in the report
filed by the court appointed experts or
professional persons authorized by subsection
(1)
of this section, or to file his
own separate report following the guidelines of subsection (3) of this section.
If the defendant is indigent, the court
shall upon the request of the defendant
assist him in obtaining a duly qualified
expert or professional person to participate in the examination on the defendant's
behalf.
(3)
The report of the examination shall
include the following:
(a)
A description of the nature of the
examination;
(b)
A diagnosis of the mental condition
of the defendant;
~~NI~1
]~EAS~
QR Q~fEC!==
~YIQE~CE-=EYlQ~~~
R~=
IN
~IA~tl~H A~ !
~gfgN~g==!£QYII=
AND ~UD2~]MI~
(1)
Evidence
of mental disease or defect excluding
responsibility is not admissible unless
the defendant, at the time of arraignment
or within ten days thereafter or at such
later time as the court may for good cause
permit, files a written notice of his
intent to rely on such a defense.
(2)
Mental disease or defect excluding
responsibility is a defense which the
defendant must establish by a preponderance of the evidence.
(3)
When the defendant is acquitted on
the grounds of mental disease or defect
excluding responsibility, the verdict and
judgment shall so state. [1973 1st ex.s.
c117§3.]
10.77.040
QIC!~
INSTRUCTIONS TO JURY ON VER-
Whenev~r-~he-Issue-of-m~ntal ais=
ease or defect excluding responsibility
has been raised by the defendant, the
court shall instruct the jury to return a
verdict in substantially the following
form:
answer
yes or no
1. Did the defendant commit
the crime charged?
2. If your answer to number 1
is yes, do you acquit hime
because of mental disease
1973 RCW SUPP.
[
49
]
10.77.060
CRIMINAL PROCEDURE
--------------------------------------------------------------------------------------(c)
If the defendant suffers from a
mental disease or defect, an opinion as to
his capacity to understand the proceedings
against him and to assist in his own
defense;
(d)
I f the defendant has indicated his
intention to rely on the defense
of
irresponsibility pursuant to RCW 10.77.030, an opinion as to the extent he
lacked capacity either:
(i)To know or appreciate the nature and
consequences of such conduct; or
(ii) To know or appreciate the criminality of such conduct;
(e)
When directed
by the court, an
opinion as to the capacity of the defendant to have a particular state of mind
which
is
an element of the offense
charged;
(f)
An opinion as to whether the defendant is a substantial danger to himself or
others and is in need of control by the
court or other persons or institutions.
[ 1973 1st e.x. s. c 117 § 6. 1
10.77.070
I!NQA]!~~
~A~I!!IIQ!
~XPE]!
gl~fi!~
Qr
]~=
Qj RRQ1]~~1QM!1 PERSON.
When the defendant wishes to be examined
by a qualified expert or professional
person of his own choice such examiner
shall be permitted to have reasonable
access to the defendant for the purpose of
such
examination, as well as to all
relevant medical and psychological records
and reports.
(1973 1st ex.s. c 117 § 7.]
10.77.080
~~EN!
Qf
Q:.R.Q!!]DS=PRO£~DURb_
If the
!CQUI!IA1==
report filed
pursuant to RCW 10.77,060 finds that the
defendant at the ~1me of the criminal
conduct charged did not have capacity to
either
(1)
know or appreciate the nature
and consequence of such conduct; or
(2)
know or appreciate the criminality of such
conduct, the defendant, upon notification
to the prosecuting attorney, may move that
a judgment of acquittal on the grounds of
mental disease or defect excluding responsibility be entered. If the court,
after
a hearing on the motion, is satisfied that
such impairment was sufficient to exclude
responsibility,
the court shall enter
judgment of acquittal on the grounds of
mental disease or defect excluding responsibility.
If the motion is denied,
the
question shall be submitted to the trier
of fact in the same manner as all other
issues of fact.
[1973 1st ex.s. c 117 §
8. l
10.71.090
gn_y
Qr
PROCEEDINGSGROUNDS--PROCEDURE.
(1)
If at--an.r-~e
during-the pendency of an action and prior
to judgment, the court finds following a
report as provided in RCW 1C.77.060, that
the defendant is incapable of understanding the proceedings against him or assisting in his own defense,
the court shall
order
the proceedings against him be
[
stayed, except as provided
in subsection
(5)
of this section, and may commit the
defendant to the custody of the secretary,
who shall place such defendant in an
appropriate facility of the department for
evaluation and treatment, or the court may
alternatively order the defendant to undergo evaluation and treatment at some
other facility, or under the guidance and
control of some other person, until he has
regained the competency necessary to understand the proceedings against him and
assist in his own defense,
but in any
event,
for no longer than a period of
ninety days.
If during the ninety day
period,
the court on its own motion, or
upon application of the secretary, the
prosecuting attorney,
or the defendant,
finds by a preponderance of the evidence,
after a hearing, that the defendant is now
able to unders~and the proceedings against
him and assist in his own defense, the
proceedings shall be resumed.
{2)
If at the end of the ninety day
period the court finds that the defendant
is not able to understand the proceedings
against him and assist in his own defense,
the court shall have the option of extending the order of commitment or alternative
treatment for
an additional ninety day
period, but it must at the time
of
extension set a date for a prompt hearing
to determine the defendant's competency if
the defendant has not been judged competent to proceed before the expiration of
the second ninety day period. The defendant, his attorney, the prosecutor, or the
judge shall have the right to demand that
the competency hearing at the end of the
ninety day extension period be before a
jury.
If no demand is made,
the hearing
shall be before the court.
The sole issue
to be determined at such a hearing is
whether the defendant has the competency
to understand the proceedings against hi~
and to assist in his own defense.
(3)
If the jury or court, as the case
may be, finds by a preponderance of the
evidence that the defendant is unable to
understand the proceedings against him and
assist in his own defense,
the charges
shall be dismissed without prejudice, and
either civil commitment proceedings shall
immediately be instituted, if appropriate,
or the court shall order the release of
the defendant:
PROVIDED, That if the jury
or court, as the case may be, also finds
by a preponderance of the evidence that,
on or before ninety days from the expiration date of the second ninety day period,
the defendant will be so improved as to be
able to understand the proceedings against
him and assist in his own defense,
the
court shall extend the order of commitment
or alternative treatment for a period no
longer than an additional ninety days and
shall also order that if the defendant has
not been judged competent to proceed and
has not been brought to trial on or before
the end of said additional ninety day
period, then at the end of said period,
upon providing notice to the court, but
50 ]
10. 77.13')
CRIMINALLY INSANE--PROCEDURES
--------------------------------------------------------------------------------------reason of mental disease or defect excluding responsibility,
and it is found that
he is not a substantial danger to himself
or other persons, and not in need of
control by the court or other persons or
institutions, ~he court shall direct his
release.
If it is found that the defendant is a substantial danger to himself or
others and in need of control by the court
or other persons or institutions, the
court may order his hospitalization or may
order alternative treatment pursuant to
the terms of this chapter.
( 1973 1st
ex.s. c 117 § 11.]
without further order of the court, either
civil commitment proceedings shall immediately be instituted, if appropriate, or
the defendant shall be released.
(4)
If the jury or the court, as the
case may be, finds by a preponderance of
the evidence that the
defendant
has
regained the ability to understand the
proceedings against him and to assist in
his own defense, the criminal proceedings
shall be resumed.
(5) The fact that the defendant is
unfit to proceed does not preclude any
pretrial proceedings which do not require
the
personal
participation
of
the
defendant.
(6)
A defendant rece~v~ng medication
for either physical or mental problems
shall not be prohibited from standing
trial, if the medication either enables
him to understand the proceedings against
him and to assist in his own defense, or
does not disable him from so understanding
and assisting in his own defense. (1973
1 st e x . s • c 117 § 9 • ]
10.77.120
[
OF
~QtltliT!tQ
The
secretary shall forthwith provide adequate
care and individualized treatment at one
or several of the state institutions or
facilities under his direction and control
wherein persons committed as criminally
insane may be confined.
Such persons
shall be under the custody and control of
the secretary to the same extent as are
other p~rsons who are committed to his
custody,
but such provision shall be made
for their control, care, and treatment as
is proper in view of their condition. In
order that the secretary may adequately
determine the nature of the mental illness
of the person committed to him as criminally insane, and in order for the secretary to place such individuals in a proper
facility, all persons who are committed to
the secretary as criminally insane shall
be promptly examined by qualified personnel in such a manner as to provide a
proper evaluation and diagnosis of such
individual.
Any person so committed shall
not be discharged from the control of the
secretary save upon the order of a court
of competent jurisdiction made after a
hearing and judgment of discharge.
Whenever there is a hearing which the
committed person is entitled to attend,
the
secretary shall send him in the
custody of one or more department employees to the county where the hearing is to
be held at the time the case is called for
trial.
During the time he is Rbsent from
the facility, he shall be confined in a
facility designated by and arranged for by
the department, and shall at all ~imes be
deemed
to be in the custody of the
department employee and provided necessary
treatment.
If the decision of the hearing
remits the person to custody, the department employee shall forthwith return him
to such institution or facility designated
by the secretary. If the state appeals an
order of discharge, such appeal shall
operate as a stay, and the person in
custody shall so remain and be forthwith
returned to the institution or facility
designated by the secretary until a final
decision has been rendered in the cause.
If the state does not appeal, the order of
discharge shall be sufficient acquittal to
the secretary.
[1973 1st ex.s. c
117 ~
12. J
10.77.100
tXPtRTS Q~ f]Qft~~ION!1 gER=
SONS AS WITNESSES--SCOPE Q! !t~TI~QMY-=
~XAMijA!IQN.-~-any-pr;ceeding held pursuant to this chapter:
(1)
Experts or professional persons who
have reported pursuant to this chapter may
be called as witnesses.
Both the prosecution and the defendant may summon any
other qualified expert or professional
persons to testify, but no one who has not
examined the defendant outside of court
shall be competent to testify to an expert
opinion with respect to the mental condition or responsibility of the defendant,
as distinguished from the validity of the
procedure followed by. or the general
scientific propositions stated by, another
witness.
(2)
Experts or professional persons who
have examined the defendant and who have
been called as witnesses concerning his
mental condition shall be permitted to
make a statement as to the nature of his
examination, his diagnosis of the mental
condition of the defendant at the time of
the commission of the offense charged and
his opinion as to the extent, if any, the
defendant lacked capacity either
(1)
to
know or appreciate the nature and consequence of such conduct; or (2) to know or
appreciate the criminality of such conduct. He shall be permitted to make any
explanation reasonably serving to clarify
his diagnosis and opinion and may be
cross-examined as to any matter bearing on
his competency or credibility or
the
validity of his diagnosis or opinion.
[1973 1st ex.s. c 117 § 10.]
1973 RCW SUPP.
CON!INEMtN!
R~li~ON==~~~!QQY-=fiEARINQ~=QIS~HARQ~~
51
10.77.130
CRIMINAL PROCEDURE
--------------------------------------------------------------------------------------10.77.130
~1h1~~~B1 Qf f~£1~
OR BILL
Qf ~~~~RTIQ]~ ~~ R~B1 Qf ]~fQBQ~ Either
party to the cause may have the evidence
and all of the matters not of record in
the cause made a part of the record by the
certification of a statement of facts or
bill of exceptions as in other cases.
If
an
appeal should not be taken,
such
statement of facts or bill of exceptions
shall remain on file in the office of the
clerk of the court where the cause was
tried, and if an appeal be taken, the
statement of facts or bill of exceptions
shall
be returned from the court of
appeals or the supreme court to the court
where the cause was tried when the court
of appeals or the supreme court shall have
rendered its final judgment in the cause.
[ 1973 1s~ ex.s. c 117 § 13.]
10.77.140
R~lilQ~I£
examine the patient on his bAhalf.
The
issue to be determined at such a hear!ng
is whether the person may be released
conditionally without substantial danger
to himself or other persons and is not in
need of further control by the court or
other persons or institutions. The court,
after hearing, shall rule on the secretary's recommendations, and if it disapproves of said recommendations, may do so
only on the basis of substantial evidence.
The court, prior to conditional release,
may modify the suggested terms and conditions
on which the person is to be
conditionally released. Pursuant to the
determination of the court after hearing,
the committed person shall thereupon be
released on such conditions as the court
determines to be necessary, or shall be
remitted to the custody of the secr~tary.
(3)
A recommendation by the secretary
pursuant to this section that the person
should not be conditionally released does
not preclude such person from applying for
a writ of habeas corpus on the issue of
whether he may be released without substantial danger to himself or other per~
sons and is not in n~ed of further control
by the court or other persons or institutions,
where no hearing has been held
pursuant to subsection
(2)
of
this
section.
(4)
Any person, whose application for
conditional release has been denied, may
reapply after a period of six months from
~he date of denial.
(1973 1st ex.s. c 117
§ 15. ]
]XA~!N~IION~==E~=
RQETS==NQII£~
IQ ~QQE~
Each
patient
committed to a hospital or other facility
or conditionally released pursuant to this
chapter shall have a current examination
of his mental condition made by one or
more experts or professional persons at
least once every six months. The patient
may retain, or if he is indigent and so
requests, the court may appoint a duly
qualified expert or professional person to
examine him, and such expert or professional person shall have access to all
hospital records concerning the patient.
The secretary, upon receipt of the periodic report, shall provide written notice to
the court of commitment of compliance with
the requirements of ~his section.
(1973
1 st e x • s • c 1 17 § 1 4 • ]
10.77.150
CO~QIIIQN!b
10.77.160
~QND111QN~1 £~1~~2~==]]RQB1~
AS TO ADHERENCE TO TERMS AND CONDITIONS OF
i~1~~2]~---when
-~ondition~i1y-reieased
person is required by the terms of his
conditional release to report to a physician, probation officer, or other such
person on a regular or periodic basis, the
doctor, probation officer, or other such
person shall monthly, or as otherwise
directed by the court, submit to the
court, the secretary, the institution from
which released, and to the prosecuting
attorney of the county in which the person
was committed, a report stating whether
the person is adhering to the terms and
conditions of his conditional release.
[1973 1st ex.s. c 117 § 16.)
-a
E~~~~2~~PP11=
~ATIQN==REQ~~DUB~~
(1)
Persons examined
pursuant to RCW 10.77.140 may make application to th~ secretary for conditional
release. The secretary shall, after considering the reports of experts or professional persons conduc~ing the examination
pursuant to RCW 10.77.140, forward to the
court the person's application for conditional release as well as his recommendations concerning the application and any
proposed terms and conditions upon which
he believes the person can be conditionally released. Conditional release may also
contemplate partial release for
work,
training, or educational purposes.
(2)
The court, upon receipt of an application for conditional release with the
secretary's recommendation for conditional
release, shall within thirty days schedule
a hearing.
The court may schedule a
hearing on applications recommended for
disapproval by the secretary.
The prosecuting attorney shall represent the state
at such hearings and shall have the right
to have the patient examined by an expert
or professional person of his choice.
If
the patient is indigent, and he so requests, the court shall appoint a duly
qualified expert or professional person to
[
10.77.170
PAYMENTS 1Q
CONDITIONALLY
RE1~~2ED fER~Q]~~ As funds are-available;
the secretary may provide payment to a
person conditionally released pursuant to
RCW 10.77.150, consistent with the provi~
sions of RCW 72.02.100 and 72.02.110, and
may adopt rules and regulations to do so.
(1973 1st ex.s. c 117 § 17.]
]g!i§g£~§ nQ!g4
During the course of
passage of chapter 117, Laws of 1973 1st
ex.
sess. (Engrossed senate Bill No.
2319], section 15 was deleted from the
bill by amendment and the section numbers
52
]
CRIMINALLY INSANE--PROCEDURES
10.77.200
--------------------------------------------------------------------------------------were changed accordingly but not
the
internal references to sections 16 and 17
in various sections in the bill.
These
internal references have been changed in
codification to carry out the obvious
intention of the legislature. Thus the
internal references in the session law
chapter to sections 16 and 17 have been in
effect reduced by one number and
in
codification changed to RCW 10.77.150 and
10.77.160, respectively.
10.77.180
CONDITIONAL RELEASE--PERIOD-
1f BE!Jj! QI cisi~--Each-person-conaition=
ally released pursuant to *RCW 10.77.150
shall have his case reviewed by the court
which conditionally released him no later
than one year after such release and no
later than every two years thereafter,
such time to be scheduled by the court.
Review may occur in a shorter time or more
frequently, if the court, in its discretion, on its own motion, or on motion of
the person, the secretary or the prosecuting attorney, so determines.
The sole
questior- to be determined by the court is
whether the person shall continue to be
conditionally released.
The court
in
making its determination shall be aided by
the periodic reports filed pursuant to RCW
10.77.140 and *10.77.160, and the opinions
of the secretary and other experts or
professional persons.
[1973 1st ex.s. c
117§18.]
*Reviser's
,o:-77:-17o:--
DQ1~l
See note following RCW
10.77.190
~ONDITIQliAL REb~!~E--MODIFI~
QI TE]~]QCEDURE~
(1)
Any
person submitting reports pursuant to *RCW
10.77.160, the secretary, or the prosecuting attorney may petition the court to, or
the court on its own motion may schedule
an immediate hearing for the purpose of
modifying the terms of conditional release
if the petitioner or the court believes
the released person is failing to adhere
to the terms and conditions of his conditional release or is in need of additional
care and treatment.
(2)
If the prosecuting attorney, the
secretary, or the court, after exam~n~ng
the report filed with them pursuant to
*RCW 10.77.160, or based on other information received by them, reasonably believes
that a conditionally released person is
failing to adhere to the terms and conditions of his conditional release,
and
because of that failure he has become a
substantial danger to himself or other
persons, the secretary may order that the
conditionally released person be apprehended and taken into custody until such
time as a hearing can be scheduled to
determine the facts and whether or not the
patient should be rehospitalized.
The
court shall be notified before the close
of the next judicial day of a
patient's
~lQ]
1 97 3 RCW SUPP.
[
apprehension.
Both the prosecuting attorney and the patient shall have the right
to request an immediate mental status
examination of the patient. In the case
of a patient who is indigent, the secretary shall,
upon request of the patient,
assist him in obtaining a duly qualified
expert or professional person to conduct
the examination.
(3)
The court, upon receiving notification of the patient's apprehension,
shall
promptly schedule a hearing.
The issue to
be determined is whether the conditionally
released person did or did not adhere to
the terms and conditions of his release,
is likely to harm himself or other persons
if not hospitalized or whether the conditions
of release should be modified.
Pursuant to the determination of the court
upon such hearing, the conditionally released person shall either continue to be
conditionally released on the same or
modified conditions or shall be rehospitalized subject to release only in accordance with the provisions of this chapter.
( 1973 1st ex.s. c 117 § 19.]
~Rgyi~~§ llQ1~
See note following RCW
10.77 .171).
10.77.200
I1NA1 DISCHARGE--PROCEDURE.
{1)
If the secretary--determines~--after
such investigation as he may deem necessary, that a patient committed as criminally insane pursuant to this chapter may
be finally discharged without substantial
danger to himself or other persons and is
not in need of further control by the
court or other persons or institutions, he
shall make application to the court for
the final discharge.
(2)
The court, upon receipt of the
application for final discharge, shall
within forty-five days order a hearing.
Continuance of the hearing date shall only
be allowed for good cause shown. The
prosecuting attorney shall represent the
state, and shall have the right to have
the patient examined by an expert or
professional person of his choice.
If the
patient is indigent, and he so requests,
the court shall appoint a duly qualified
expert or professional person to examine
the patient on his behalf.
The hearing
shall be before a
jury if demanded by
either the patient or the prosecuting
attorney.
The issue to be determined at
such a hearing is whether the person may
be finally discharged without substantial
danger to himself or others and is not in
need of further control by the court or
other persons or institutions.
(3)
Nothing contained in this chapter
shall prohibit the patient from petitioning by writ of habeas corpus for final
discharge. The issue to be determined on
such proceeding is whether the patient is
a substantial danger to himself or other
persons and is not in need of further
control by the court or other persons or
53 ]
10.77.200
CRIMINAL PROCEDURE
--------------------------------------------------------------------------------------institutions.
20. ]
10.77.210
[1973 1st
c
117
!Q!QQ!!~
CAg~
!!~
g~fQli!~
IQ
]JgHT IQ
IREATMEJ!!==li~~QliQ~
ex.s.
§
!!]
~~
KEPI==AY!IL!~ILII~
Any person involuntarily detained, hospitalized, or committed pursuant to the provisions of this
chapter shall have the right to adequate
care and individualized treatment. The
person who has custody of the patient or
is in charge of treatment shall keep
records detailing all medical, expert, and
professional care and treatment received
by a committed person, and shall keep
copies of all reports of periodic examinations of the patient that have been filed
with the secretary pursuant to this chapter.
All records and reports made pursuant to this chapter, shall
be
made
available only upon request, to the committed person, to his attorney, to his
personal physician, to the prosecuting
attorney, to the court or other expert or
professional
persons who, upon proper
showing, demonstrate a need for access to
such records.
[1973 1st ex.s. c 117 §
21. ]
J.NCARCERATIQJ! IN CORRECTION.:
Qli rACILJII REQtli~~~~ No
person confined pursuant to this chapter
shall be incarcerated in a state correctional institution or facility.
( 1973 1st
ex. s. c 117 § 22. ]
10.77.900
SAVINGS--CONSTRUCTION.
(1)
Any acts done -beforeJuly1;-197)and any
proceedings then pending and any constitutional right or any action taken in any
proceeding pending under statutes in effect
prior to July 1,
1973 are not
impaired by this chapter.
(2)
This chapter shall also apply to
persons committed under prior law
as
incompetent to stand trial or as being
criminally insane and to any proceedings
in court then pending or thereafter commenced regardless of when the proceedings
were commenced, except to the extent that
in the opinion of the court, the former
procedure
should continue to be made
applicable in a particular case in the
interest
of
justice
or
because of
infeasibility of application of the procedures of this chapter. [ 1973 1st ex.s. c
117 § 26. J
10.77.910
SEVERABILITY-1973 1ST EX.S.
If any-provision-of this -act;--or
its application to any person or circumstance is held invalid, the remainder cf
the act, or its application of the provision to other persons or circumstances is
not affected.
(1973 1st ex.s. c 117 §
27. J
~ 111~
10.77.220
!1
Ili~II!YIIQJ!
10.71.230
!PPEALS~
Either party may
appeal to the court of appeals the judgment of any hearing held pursuant to the
provisions of this chapter. The procedure
on appeal shall be the same as in other
cases. [1973 1st ex.s. c 117 § 23.]
10.77.240
!!l~Ill!§ ]l§Bl~ l!QI
AFFECT~~ Nothing in this chapter shall prohib:
it a person presently committed
from
ex~rcising
a right presently available to
him for obtaining release from confinement, including the right to petition for
a writ of habeas corpus. (1973 1st ex.s.
c 117 § 24.]
RESPONSIBILITY EQ! £QSTS-=
Notwithstanding any provision of the Revised Code of Washington to
the contrary, the department shall be
responsible for all costs relating to the
evaluation and treatment of persons committed to it pursuant to any provisions of
this
chapter, and the logistical and
supportive services pertaining thereto.
Reimbursement
may be obtained by the
department pursuant to RCW
71.02.380.
( 1973 1st ex.s. c 117 § 25.]
10.77.250
REIMBURSE~EN!~
[ 54
1C.77.920
1Q~l§ ~~
CHAPTER SUCCESSOR TO CHAPTER
sectio~-1-through-27-of- this
act shall constitute
Title 10 RCW, and shall
successor chapter to
(1973 1st ex.s. c 117 §
a new chapter in
be considered the
chapter 10.76 RCW.
28.]
10.77.930
EFFECTIVE
DATE--1973
1ST
117.--This-aCt shall-take-eff~Ct
on-July 1,-1973. (1973 1st ex.s. c 117 §
30. ]
EX.S.
c
Chapter 10.85
REWARDS
10.85.025
Q!~!~~~ !GAll!~! !BA!~EQBIA=
IIQH==R!!!ABQ UPON PROOF OF CONVICTION.
The governor of~he-state shall-prepare-a
voucher for the treasurer for the amount
of the reward upon presentation to him of
a certificate of the clerk of the court
where the conviction was had of such
conviction and the finding of the court
that the satisfactory proof was made that
the person claiming the reward is entitled
thereto,
under RCW 10.85.020 and the
treasurer shall issue a warrant for such
amount.
(1973 c 106 § 9; Code 1881 §
1291;
1877 p 284 § 2; RRS §
2248.
Formerly RCW 10.85.020. part.]
]
11.86.010
DISCLAIMER OF INTERESTS
--------------------------------------------------------------------------------------FURTHER, That upon satisfactory showing
the funeral expenses of such decedent are
unpaid, the superintendent may pay up to
one thousand dollars from said deceased
inmate's funds on said obligation.
[1973
1st
ex.s.
c 76 § 1;
1965 c
145 §
11.08.111.
Prior:
1959 c 240 § 1; 1951 c
138 § 2. 1
TITLE 11
PROBATE LAW AND PROCEDURE--1965 ACT
sections added, amended, or repealed:
fhsEig£
11~Q~
11.08.111
11.08.185
11.86.010
11.86.020
11.86.030
11.86.040
11.86.050
11.86.060
11.86.070
11.86.080
11.86.090
~~£h~i~~
Property of deceased inmates of
state institutions--Disposition
within two years.
Escheat property--Records of
department of revEnue--Public
record information.
Definitions.
Disclaimer of interest
authorized.
Times for filing.
Effective date--Filing--Recording--Notice.
Disposition of disclaimed
interest.
When right to disclaim barred.
Spendthrift or similar restriction, effect--Effect of filing
disclaimer or waiver.
Rights under other statutes or
rules not abridged.
Interests existiLg on effective
date of chapter.
Chapter 11.08
ESCHEATS
11.08.111
PROPERTY OF DECEASED INMATES
OF STATE INSTITUTIONS=-DISPOSITION -WITHIN
x~iR~~Pri~r-to-th~expiration o~the
two-year period provided for in RCW 11.08.101, the superir.tendent may transfer such
money or property in his possession,
upon
request and satisfactory proof submitted
to him,
to the
following
designated
persons:
(1)
To the personal representative of
the estate of such deceased inmate; or
(2)
To the next of kin of the decedent,
where such money and property does not
exceed the value of one thousand dollars,
and the person or persons requesting same
shall have furnished an affidavit as to
his or her being next of kin; or
(3)
In the case of money, to the person
who may have deposited such money with the
superintendent for the use of the decedent, where the sum involved does not
exceed one thousand dollars; or
(4)
To the department of social and
health services, when there are moneys due
and owing from such deceased person's
estate for the cost of his care and
maintenance at a state institution:
PROVIDED, That transfer of such money or
property may be made to the person first
qualifying under this sectlon and such
transfer shall exonerate the superintendent from further responsibility relative
to such money or property: AND PROVIDED
!wo
1973 RCW SUPP.
[ 55
~2£~~!I RBQf~BIX==li~fQBQ~ QI
OF REVENUE--PUBLIC RECORD INFOR~!IlQN~ All records-of-the- department
of revenue relating to escheated property
or property about to escheat shall be a
public record and shall be made available
by the department of revenue for public
inspection.
Without limitation, the records to be made public shall include all
available information regarding possible
heirs, descriptions and amounts of property escheated or about to escheat, and any
information which might serve to identify
the proper heirs. ( 1973 c 25 § 1. ]
11.08.185
Q~f!RTMENI
Chapter 11.86
DISCLAIMER OF INTERESTS
11.86.010
DEFINITIONS.
As used
in
this section,--uniess--otherwise clearly
required by the context:
(1)
"Beneficiary" means and includes
any person entitled, but for his disclaimer, to take an interest:
By intestate
succession, devise, legacy, or bequest; by
succession to a disclaimed interest by
will, trust instrument, intestate succession, or through the exercise or nonexercise of a testamentary or other power of
appointment;
by virtue of a renunciation
and election to take against a will; as
beneficiary of a testamentary or other
written trust; pursuant to the exercise or
nonexercise of a testamentary or other
power of appointment; as donee of a power
of appointment created by testamentary or
trust instrument; or otherwise under a
testamentary or trust instrument or community property agreement; or by right of
survivorship.
(2)
"Interest" means and includes the
whole of any property, real or personal,
legal or equitable, or any fractional
part,
share or particular portion or
specific assets thereof, or any estate in
any such property,
or power to appoint,
consume, apply or expend property or any
other right, power, privilege or immunity
relating thereto.
(3)
"Disclaimer" means a written instrument which declines, refuses,
releases, renounces or disclaims an interest
which would otherwise be succeedea to by a
beneficiary,
which instrument defines the
nature and extent of the interest disclaimed thereby and which must be signed,
witnessed and acknowledged by the disclaimant in the manner provided for deeds
of real estate, and also a written instrument which exercises a power to invade the
]
11.86.010
PROBATE LAW AND PROCEDURE--1965 ACT
--------------------------------------------------------------------------------------corpus or principal of an estate or trust
when such exercise has the effect of
terminating an interest which could other•
wise be succeeded to by a beneficiary.
[1973 c 148 § 2.)
to the representative,
trustee or other
person having legal title to, or possession of, the property in which the interest
disclaimed
exists,
and no such
representative, trustee or person shall be
liable for any otherwise proper distribu•
tion or other disposition made without
actual knowledge of the disclaimer, or in
reliance upon the disclaimer and without
actual knowledge that said disclaimer is
barred as provided in RCW 11.86.060.
If
an interest in or relating to real estate
is disclaimed, the original of the disclaimer, or a copy of the disclaimer
certified as true and complete by the
clerk of the court wherein the same has
been filed,
shall be recorded in the
office of the auditor in the county or
counties where the real estate is situated
and shall constitute notice to all persons
only from and after the time of such
recording. ( 1973 c 148 § 5.]
QK INTEREST AUmay
interest in whole or in part, or with
reference to specific parts, shares or
assets thereof, by filing a disclaimer in
court in the manner provided in
RCW
11.86.030
and 11.86.040.
A guardian,
executor, administrator or other personal
representative of the estate of a minor,
incompetent or deceased beneficiary, if he
deems it in the best interests of those
interested in the estate of such beneficiary and of those who take the beneficiary's interest by virtue of the disclaimer
and not detrimental to the best interests
of the beneficiary,
with or without an
order of the probate court, may execute
and file a disclaimer on behalf of the
beneficiary within the time and in the
manner in which the beneficiary himself
could discla~m if he were living, of legal
age and competent. A beneficiary likewise
may execute and file a disclaimer by agent
or attorney so empowered. [1973 c 148 §
3. ]
11.86.020
IJ!QRI~£!.!2.!.
DISCLAIMER
A
benefi:ciary
disclaim- any
11.86.030
TIMES FOR FILING.
Such disclaimer shall-be-tiled- at
time after
the creation of the interest, but in all
events within the later of six months from
June 7, 1973 or six months after the death
of the person by whom the interest was
created or from whom it is or, but for the
disclaimer would be received, or, if the
disclaimant is not finally ascertained as
a beneficiary or his interest has not
become indefeasibly fixed both in quality
and quantity as of the death of such
person,
then such disclaimer shall be
filed not later than six months after the
event which causes or, but for the disclaimer,
would cause him so to become
finally ascertained and his interest to
become indefeasibly fixed both in quality
and quantity. [1973 c 148 § 4.)
~I~RQ2IIIQM
QK
QI~~1AIH~Q
Unless the person by whom the
interest was created or from whom it would
have been received has otherwise provided
by will or other appropriate instrument
with reference to the possibility of a
disclaimer by the beneficiary, the inter•
est disclaimed shall descend, be distributed or otherwise be disposed of in the
same manner as if the disclaimant had died
immediately preceding the death or other
event which causes him to become finally
ascertained as a beneficiary and
his
interest to become indefeasibly fixed both
in quality and quantity and in any case,
the disclaimer shall relate for all purposes to such date, whether filed before
or
after such death or other event.
However, one disclaiming an interest in a
nonresiduary gift, devise or bequest shall
not be excluded, unless his disclaimer so
provides, from sharing in a gift, devise
or bequest of the residue even though,
through lapse, such residue includes the
assets disclaimed. An interest of any
nature in or to the estate of an intestate
may be declined, refused or disclaimed as
herein provided without ever vesting in
the disclaimant. [ 1973 c 148 § 6.]
11.86.040
EFFECTIVE ~AI~==KlLIM~==B~=
coRDING--NOTici:--such-disclaimer shall be
effective-upon-being filed with the clerk
of the court of which the estate of the
person by whom the interest was created or
from whom it would have been received is,
or
has been, administered or, if no
probate administration has been commenced,
then with the clerk of the court of any
county provided by law as the place for
probate administration of the estate of
such person, where it shall be indexed
under the name of the decedent in the
probate index upon payment of a fee of two
dollars.
A copy of the disclaimer shall
be delivered or mailed by certified or
registered mail, return receipt requested
11.86.060
!B~M
RIGHT
TO
DISCLAIM
The right to--disclaim otherwise
conferred by this chapter shall be barred
if the beneficiary is insolvent at the
time of the event giving rise to the
commencement of the six months period
within which the disclaimer must be filed.
Any voluntary assignment or transfer of,
or contract to assign or transfer, an
interest in real or personal property, or
written waiver of the right to disclaim
the succession to an interest in real or
personal property, by any beneficiary, or
any sale or other disposition of
an
interest in real or personal property
pursuant to judicial process, made before
he has filed a disclaimer, as provided in
11.86.050
Ilii~li~~I~
any
[
~ABB~~~
56
12.40.110
SMALL CLAIMS
--------------------------------------------------------------------------------------Chapter 12.40
SMALL CLAIMS
RCW 11.86.040, bars the right otherwise
conferred on such beneficiary to disclaim
as to such interest. [1973 c 148 § 7.]
~E~]~!HEII!
11.86.070
QE
~Itli1AE
E~=
~!EI~!IQNL
EFFECT--EFFECT OF FILING DISCLAIMER oR wirvER:--The-right-to--aisc!aiffi
granted by Rcw-11:86.020 exists regardless
of any limitation imposed on the interest
of the disclaimant in the nature of an
express or implied spendthrift prov~s~on
or similar restriction.
A disclaimer,
when filed as provided in RCW 11.86.040,
or a written waiver of the right to
disclaim, shall be binding upon the disclaimant or beneficiary so waiving and all
parties thereafter claiming by, through or
under him, except that a beneficiary so
waiving may thereafter transfer, assign or
release
his interest if such is not
prohibited by an express or implied spendthrift provision. [1973 c 148 § 8.]
11.86.080
EIGH!~ QMD~B Q!H~E
~!AIQI~~
QB ~Y1~~ NQI ABBID2]~~ This chapter shall
not abridge the right of any person, apart
from this chapter, under ar.y existing or
future statute or rule of law, to disclaim
any interest or to assign, convey, release, renounce or otherwise dispose of
any interest. [1973 c 148 § 9.]
11.86.090
INI]B]~!~ t!I~IIM2 QE ]ff]~=
QA!] QI s;n.u:ng~ Any interest which
exists on June 7, 1973 but which has not
then become indefeasibly fixed both in
quality and quantity, or the taker of
which has not then become finally ascertained, may be disclaimed after June 7,
1973 in the manner provided in RCW 11.86• 030 and 11.86.040. ( 1973 c 1U8 § 10.]
II!~
12.40.010
~tEAB!~~.NI
AUTHORIZED--JUBI~~1~!1QNA1 A~QQ.NI~ That in--every--jus:
tice court of this state there shall be
created and organized by the court a
department to be known as the "small
claims department of the justice's court".
If the justice court is operating under
the provisions of chapters 3.30 through
3.74 RCW, the small claims department of
that court shall have jurisdiction, but
not exclusive, in cases for the recovery
of money only where the amount claimed
does not exceed three hundred dollars.
If
the justice court is not operating under
the prov1s1ons of chapters 3.30 through
3.74 RCW, the small claims department of
that court shall have jurisdiction, but
not exclusive, in cases for the recovery
of money only where the amount claimed
does not exceed two hundred
dollars.
[1973 c 128 § 1; 1970 ex.s. c 83 § 1; 1963
c 123 § 1; 1919 c 187 § 1; RRS § 1777-1.]
12.40.110
RliOC]~Yli~
QM
NONPAYMENT.
The judgment of said court -shall---be
conclusive. If the defendant fails to pay
the judgment according to the terms and
conditions thereof within twenty days, the
justice before whom such hearing was had
shall c~rtify such judgment in substantially the following form:
Washington.
In the Justice's Court of
county, before ---------- Justice-o~the
Peace for
Precinct.
Plaintiff,
vs •
Defendant.
In the Small Claims Department.
TITLE 12
JUSTICE COURTS--CIVIL PROCEDURE
This is to certify that in a certain
action before me, the undersigned, had on
this the
day of ---------- 19 __ ,
wherein
------------------------was
plaintiff
and ------------------------defendant, jurisdiction of said defendant
havir.g been had by personal service (or
otherwise) as provided by law, I then and
there entered judgment against said defendant in the sum of
Dollars;
which judgment has not-been-paid.
Witness my hand this
day
of
Sections added, amended, or repealed:
12.40.010
12.40.110
Department authorized--Jurisdictional amount.
Procedure on nonpayment.
----------' 19
Chapter 12.20
JUDGMENTS
Justice~£-- the-Peace
sitting in the Small
Claims Department.
12.20.060
Cross Reference:
Attorney's fees as costs in damage actions of one thousand dollars or less:
RCW 4.84.250-4.84.310.
The justice of the peace of said justice's court shall forthwith ent~r such
judgment transcript on the judgment docket
of such justice's court; and thereafter
garnishment, execution and other process
on execution provided by law ~ay issue
thereon, as obtains in other cases of
1973 RCW SUPP.
]
,NEY.!.~
f].h
[ 57
12.40.110
JUSTICE COURTS--CIVIL PROCEDURE
--------------------------------------------------------------------------------------judgments of justice's courts, and transcripts of such judgmen~s may be filed and
entered in judgment lien dockets in superior courts with like effect as in other
cases.
[1973 c 128 § 2; 1919 c 187 § 11;
RRS § 1777-11.]
TITLE 13
JUVENILE COURTS AND JUVENILE DELINQUENTS
Sections added, amended, or repealed:
~hsEi~~ ll~Q~
13.04.053
whether alleged to be dependent or delinquent, shall, prior to findings and disposition by the court pursuant to
RCW
13.04.095, be the responsibility of and
provided for by the juvenile court.
The
juvenile court shall also provide necessary detention facilities and services for
a child previously paroled from juvenile
correctional facilities whose parole has
been suspended by juvenile parole authorities based on one or more allegations of
violation of a condition or conditions of
parole. [ 1973 1st ex.s. c 101 § 1; 1961 c
31j 2 § 2. ]
~~~~ni1~ £2~12~
Chapter 13.06
PROBATION SERVICES--SPECIAL SUPERVISION
PROGRAMS
Notice to parent or guardian
that child take.n into custody-Tim~ limitation OL detention-Responsibility of juvenile
court.
13.06.050
~ha£1~ 1~Q§
R~QQsiiQn ~~£Yi£22==~E~£ia1
~~Eg~~isiQn R~Qgfg~2~
13.06.050
13.06.055
Conditions for receiving state
funds--Base commitment rates-Amounts payable--Restrictions.
Housing authorities law--Group
homes or halfway houses for
released juveniles or developmentally disabled.
~haEi~I 1~Q2
PrQbatiQn
~oun221Q~==Stgi~
AiQ.:.
13.07.020
Program established--Funds.
Chapter 13.04
JUVENILE COURTS
13.04.053
!QIIf] IQ RABENI QR gQABQIA]
InAI £BI1Q IA~]] J!!Q ~Q~TOQ!==Il~] LI~J=
TATION ON QET]]liQ!==B~~RQlial~ILII!
Q!
~QY~Bl1]--£QQBI~
Whenever any child is
taken into custody, the parent or guardian
must be immediately notified.
Such requirement may be waived by the court in
cases where the parent or guardian cannot
be located.
No child shall be held in detention or
shelter longer than seventy-two
hours
excluding sundays and holidays, unless a
petition as provided for in RCW 13.04.060
has been filed.
No child may be held
longer than seventy-two hours after the
filing of such a petition unless an order
for such continued detention or shelter
has been signed by the juvenile court
judge.
No child shall be detained for
longer than thirty days without an order,
signed by the judge, authorizing continued
detention.
In every order authorizing
continued detention the court shall make
and enter its findiLgs upon which continued detention is based.
A child in need
of
detention
either
by
reason
of
assaultive conduct or because of probable
failure to appear for further proceedings,
~!AI~
~QEQJ!JQ!~
I~N~~==~A~~
lQB
~QMMI!~~NI
A~QQNI~ RAXA~1E==BE~!BifiJQN~~
li]~]IYINg
RA!~a==
No county
shall be entitled to receive any state
funds provided by this chapter until its
application is approved,
and unless and
until the minimum standards prescribed by
the department of social and health services are complied with and then only on
such terms as are set forth hereafter in
this section.
{1)
A base commitment rate for each
county and for the state as a whole shall
be calculated by the department of social
and health services. The base commitment
rate shall be determined by computing the
ratio of the number of juveniles committed
to state juvenile correctional institutions plus the number of juveniles who
have been convicted of felonies and committed to state correctional institutions
after a juvenile court has declined jurisdiction of their cases and remanded them
for prosecution in the superior courts, to
the county population, such ratio to be
expressed in a rate per hundred thousand
population, for each of the calendar years
1964 through 1968.
The average of these
rates for a county for the five year
period or the average of the last two
years of the period, whichever is higher,
shall be the base commitment rate, as
certified by the secretary:
PROVIDED,
That, a county may elect as its base
commitment rate the average of the base
commitment rates of all counties in the
state over the last two years of the
period described above. The county and
state population shall be that certified
as of April 1st of each year by the office
of program planning and fiscal management,
such population figures to be provided to
the secretary of social and health services not later than June 30th of each
year.
(2)
An annual commitment rate shall be
calculated by the department at the end of
each year for each participating county
and for the state as a whole, in a like
manner as provided in subsection (1).
[ 58 ]
PROBATION COUNSELORS--STATE AID
13.06.055
--------------------------------------------------------------------------------------(3) The amount that may be paid to a
county pursuant to this chapter shall be
the actual cost of the operation of a
special supervision program or four thousand dollars multiplied by the "commitment
reduction
number",
whichever
is the
lesser. The "commitment reduction number"
is obtained by subtracting (a)
the product of the most recent annual commitment
rate and population of the county for the
same year from (b) the product of the base
commitment rate and population of the
county for the same year employed in (a).
(4) The secretary of social and health
services will reimburse a county upon
presentation and approval of a valid claim
pursuant to the provisions of this chapter
based on actual performance in reducing
the annual commitment rate from its base
commitment rate. Whenever a claim made by
a county pursuant to this chapter, covering a prior year, is found to be in error,
an adjustment may be made on a current
claim without the necessity of applying
the adjustment to the allocation for the
prior year.
(5)
In the event a participating county
earns in a payment period less than onehalf of the sum paid in the previous
payment period because of extremely unusual circumstances claimed by the county and
verified by the secretary of the department of social and health services, the
secretary may pay to the county a sum not
to exceed actual program expenditures,
provided,
however, that in subsequent
periods the county will be paid only the
amount earned: PROVIDED, That *the amendatory provisions of subsection {5) of
this act may be applied to payment periods
prior to May 20, 1971.
(6)
If the amount received by a county
in reimbursement of its expenditures in a
calendar year is less than the maximum
amount computed under
subsection
(3)
above, the difference may be paid to the
county as reimbursement of program costs
during the next two succeeding years upon
receipt of valid claims for reimbursement
of program expenses.
(7) Funds received by
participating
counties under this chapter shall not be
used to replace local funds for existing
programs for delinquent juveniles or to
develop county institutional programs.
(8)
Any
county averaging less than
thirty commitments annually during either
the two year or five year period used to
determine the base commitment rate as
defined in subsection (1) above may:
(a) apply for subsidies under subsection (1); or
(b)
as an alternative, elect to receive
from the state the salary of one full-time
additional probation officer and related
employee benefits.
(c) elect to receive from the sta~e the
salary and related employee benefits of
1973 RCW SUPP.
one full-time additional probation officer
and in addition, reimbursement for certain
supporting services other than capital
outlay and equipment whose total will not
exceed a maximum limit established by the
secretary of the department of social and
health services; or
(d)
elect to receive from the state
reimbursement for certain supporting services other than capital outlay and equipment whose total cost will not exceed a
maximum limit established by the secretary
of the department of social and health
services.
(9}
In the event a county chooses one
of the alternative proposals in subsection
{8) , it will. be eligible for reimbursement
only so long as the officer and supporting
services are wholly used in the performance of probation services to supervision
of persons eligible for state commitment
and are paid the salary referred to in
this section in accordance with a salary
schedule adopted by rule of the department
and:
(a)
if its base commitment rate is
below the state average, its annual commitment rate does not exceed the bas~
commitment rate for the entire state; or
(b)
if its base commitment rate is
above the state average, its annual commitment rate does not in the year exceed
by two its own base commitment rate.
(10)
Where any county does not have a
juvenile probation officer, but obtains
such services by agreement with another
county or counties, or, where two or more
counties mutually provide probation services by agreement for such counties, then
under such circumstances the secretary may
make the computations and payments under
this chapter as though the counties served
with probation services were one geographical unit.
[1973 1st ex.s. c 198 § 1;
1971 ex.s. c 165 § 1; 1969 ex.s. c 165 §
5. ]
Effective date--1973 1st ~~~§~ £ 12~~
This-;g=r3-amendatory act-is necessary for
the immediate preservation of the public
peace, health and safety, the support of
the state government and its existing
public institutions, and shall take effect
on July 1, 1973.. ( 1~73 1st ex.s. c 198 §
11
3. ]
~ggyi§gL~§ gQ:l;,e:
"the amendatory provisions of subsection (5)
of this act"
apparently refers to the changes made in
subsection (5) of this section by 1971
ex.s. c 165 § 1.
( 59 J
13.0?.020
JUVENILE COURTS AND JUVENILE DELINQUENTS
--------------------------------------------------------------------------------------Chapter 13.07
PROBATION COUNSELORS--STATE AID
13.07.020
£BQ2B!~
ES!!~~l~tl~Q==f2NQ~~
There is hereby established a program of
state aid for county probation services
which shall be administered by the department of social and health services.
Funds
appropriated or otherwise made available
shall be disbursed by the department in
accordance with the provisions of this
chapter. (1973 1st ex.s. c 59 § 2; 1959 c
331 § 2. J
~ffg£ii~ gEi~=121J
12i
g!~2~
See note following RCW 43.79.420.
£
22~
cities and towns, or such portion or
portions thereof as the board may determine to be the most feasible for establishing an airport.
When established, an
airport district shall be a municipality
as defined in this chapter and entitled to
all the powers conferred by this chapter
and exercised by municipal corporations in
this state.
The airport district
is
hereby empowered to levy not more than
seventy-five cents per thousand dollars of
assessed
value of the property lying
within the said airport district:
PROVIDED, HOWEVER,
Such levy shall not be made
unless first approved at any election
called for the purpose of voting on such
levy.
( 1973 1st ex.s. c 195 § 1;
1949 c
194 § 1; 1945 c 182 § 12; Rem. Supp. 1949
§ 2722-41. J
TITLE 14
AERONAUTICS
sections added, amended, or repealed:
TITLE 15
AGRICULTURE AND MARKETING
14.08.290
County airport districts
authorized.
sections added, amended, or repealed:
fhsE!~~ J2~~~
Chapter 14.08
MUNICIPAL AIRPORTS--1945 ACT.
!E£1g
!g!~£ii2ill9 f2~IDi2=
2iQ.n.:..
15.24.086
14.08.290
~OUli!X !!RPQRT Ql~!RICT~ !~~
THORIZED.
The establishment of county
airport--districts is hereby authorized.
Written application for the formation of
such a district signed by at least one
hundred registered voters, who reside and
own real estate in the proposed districts,
shall be filed with the board of county
commissioners. The board shall immediately transmit the application to the proper
registrar
of voters for the proposed
district who shall check the names, residence and registration of the signers with
the records of his office and shall, as
soon as possible, certify to said board
the number of qualified signers.
If the
requisite number of signers is so certified, the board shall thereupon place the
proposition:
"Shall a county airport
district be established in the following
area:
(describing
the proposed district)?," upon the ballot for vote of the
people of the proposed district at the
next election, general o= special.
If a
majority of the voters on such proposition
shall vote in favor of the proposition,
the board, shall, by resolution, declare
the district established.
If the requisite number of qualified persons have not
signed the application, further signatures
may be added and certified until the
requisite number have signed and the above
procedure shall be thereafter followed.
The area of such district may be the
area of the county including incorporated
[ 60
Promotional printing contracts--Contractual conditions
of employment.
fhsEig~ 1~.:..~~
~21! I~g~
fiYi!2.:..
15.28.010
Definitions.
15.32.430
Cattle breed name--Use in
trade--Penalty.
15.44.080
Assessments on milk and cream-Amounts--Increases--Producer
referendum.
15.65.490
Records of financial transactions to be kept by director-Audits--Financial statements-Delivery of audit, financial
statements to governor.
Chs£i~~
12.:..1£
!gricultu£sl Fair§..t. !Q.ut!l.
~!l.Q.~§.t. t~!l.ibitiQ.ll§..:..
15.76.165
]
Application of counties for
capital improvement and maintenance assistance--Exemption of
leased property from property
taxation.
15.44.080
DAIRY PRODUCTS COMMISSION
--------------------------------------------------------------------------------------Chapter 15.24
APPLE ADVERTISING COMMISSION
15.24.086
PROMOTIONAL PRINTING CONTRACTS--CONTRACTUAL--~QNDJTIQH§-Ql-t~gbQX=
HiNI~----iii
printing
contracts
provided for in this section and RCW
15.24.085 shall be executed and performed
under conditions of employment which shall
substantially conform to the laws of this
state
respecting hours of labor,
the
minimum wage scale, and the rules and
regulations
of the industrial welfare
committee regarding conditions of employment,
hours of labor, and minimum wages,
and the violation of such provision of any
contract shall be ground for cancellation
thereof.
[1973 1st ex.s. c 154 § 20; 1961
c 11 § 15.24.086. Prior:
1953 c 222 §
___such
2.]
~§Yg£~hil~iY==121J 121 g~~2~ £ 12~1
note following RCW 2.12.030.
See
and not subject to cull weighback shall be
deemed to be "commercial fruit."
(8} "Cull grade" means fruit of lower
than commercial grade except when such
fruit included with commercial fruit
does
not exceed the permissible tolerance permitted in a commercial grade;
(9} "Producer" means any person who is a
grower of any soft tree fruit;
(10) "District No.
1" or "first district" includes the counties of Chelan,
Okanogan, Grant, Douglas, Ferry, Stevens,
Pend Oreille, Spokane and Lincoln;
(11) "District No.
2" or "second district" includes the counties of Kittitas,
Yakima,
and Benton county north of the
Yakima river;
(12) "District No.
3" or "third district" comprises all of the state not
included in the first
and second districts. [1973 c 11 § 1; 1963 c 51 § 1;
1961 c 11 § 15.28.010.
Prior:
1955 c 47
§ 1; 1947 c 73 § 1;
Rem.
Supp.
1947 §
2909-10.]
Chapter 15.28
SOFT TREE FRUITS
Chapter 15 .• 32
DAIRIES AND DAIRY PRODUCTS
15.28.010
QEFINITJ.QNS~
As used
in
this chapter:
(1) "Commission"
means the Washington
state fruit commission.
(2) "Shipment" or "shipped"
includes
loading in a conveyance to be transported
to market for resale, and includes delivery to a processor or processing plant,
but does not include movement from the
orchard
where grown to a packing or
storage plant within this state for fresh
shipment;
(3) "Handler" means any person who ships
or
initiates
the shipping operation,
whether as owner, agent or otherwise;
(4) "Dealer" means any person who handles, ships, buys, or sells soft tree
fruits other than those grown by him, or
who acts as sales or purchasing agent,
broker, or factor of soft tree fruits;
(5) "Processor" or "processing plant"
includes every person or plant receiving
soft tree fruits for the purpose
of
drying,
dehydrating,
canning,
pressing,
powdering, extracting,
cooking,
quickfreezing,
brining, or for use in manufacturing a product;
(6) "Soft
tree fruits" mean Bartlett
pears and all variet~es of
cherries,
apricots,
prunes,
plums and peaches.
"Bartlett pears" means and includes all
standard Bartlett pears and all varieties,
strains, subvarieties, and sport varieties
of Bartlett pears including Red Bartlett
pears, that are harvested and utilized at
approximately the same time and approximately in the same manner.
(7) "Commercial fruit" or "commercial
grade" means soft tree fruits meeting the
requirements of any established or recognized fresh fruit or processing grade.
Fruit bought or sold on orchard ~un basis
15.32.430
CATTLE ~BllQ !A~~==Y~~ I!
IBAQ~==R~HA~!I;---No person shall without
permission, use in his corporate, firm, or
trade name,
brand,
or advertising, the
name of any breed of dairy cattle unless
the
milk sold, offered for sale, or
advertised, is produced entirely from a
herd,
each cow of which possesses more
than fifty percent of the blood of the
breed of cattle so named:
PROVIDED, That
milk solids, as defined by the department
of agriculture, added to nonfat milk, skim
milk, and low-fat milk as defined by the
department of agriculture shall not be
subject to such breed requirements.
Any person desiring to use the name of a
breed of dairy cattle in connection with
the sale of his milk shall make application to the supervisor so to do, and upon
a sufficient showing the supervisor may
grant permission.
Any person violating this section shall
be punished by a fine of not less than
twenty-five dollars for the first offense
and not less than fifty nor more than one
hundred dollars for each subsequent offense.
[1973 c 31 § 1;
1961 c
11 §
15.32.430. Prior:
(i) 1933 c 23 § 1; RRS
§ 6260-1.
(ii) 1933 c 23 § 2; RRS § 62602.
(iii) 1933 c 23 § 3; RRS § 626G-3.]
1 97 3 RCW SUPP.
]
[ 61
Chapter 15.44
DAIRY PRODUCTS COMMISSION
15.44.080
!2SES~~!li!2
QH
~I1K
CREAM--AMOUNTS~INCREASES--PRODUCER
!Hg
REFER-
ENQQM~--{1)--There-is-hereby--levied--up~n
all milk produced in this state an assessment of 0.6% of class I
price for 3.5%
butter fat milk as established in any
15.44.080
AGRICULTURE AND MARKETING
--------------------------------------------------------------------------------------market area by a market order in effect in
that area or by the state department of
agriculture in case there is no market
order for that area;
and
(2)
Subject to approval by a
producer
referendum as provided in this section,
the commission shall have the further
power and duty to increase the amount of
the assessment to be levied upon either
milk or cream according to the necessities
required to effectuate the stated purpose
of the commission.
In determining such necessities,
the
commission shall consider one or more of
the following:
(a)
The necessities of-(i)
developing better and more efficient methods of marketing milk and related dairy products;
(ii) aiding dairy producers in preventing economic waste in the marketing of
their commodities;
(iii) developing and engaging in research for developing better and more
efficient production, marketing and utilization of agricultural products;
(iv) establishing orderly marketing of
dairy products;
(v)
providing for uniform grading and
proper preparation of dairy products for
market;
(vi) providing methods and means including but not limited to public relations
and promotion,
for the maintenance of
present markets, for development of new or
larger markets, both domestic and foreign,
for dairy products produced within this
state, and for the prevention, modification or elimination of trade barriers
which obstruct the free flow of such
agricultural commodities to market;
(vii) restoring and maintaining adequate
purchasing power for dairy producers of
this state; and
(viii) protecting the interest of consumers by assuring a sufficient pure and
wholesome supply of milk and cream of good
quality;
(b)
The extent and probable cost of
required research and market promotion and
advertising;
(c)
The extent of public convenience,
interest and necessity; and
(d)
The probable revenue from the assessment as a consequence of its being
revised.
This section shall apply where milk or
cream
is marketed either in bulk or
package. However, this section shall not
apply to milk or cream used upon the farm
or in the household where produced.
The increase in assessment or any part
thereof to be charged
producers on milk
and cream provided for in this section
shall not become effective until approved
by fifty-one percent of the producers
voting in a referendum conducted by the
commission.
The referendum for approval of any increase
in assessment or part thereof
provided for in this section shall be by
( 62
secret mail ballot furnished to all producers paying assessments to the commission.
The
commission
shall
furnish
ballots to producers at least ten days in
advance of the day it has set for concluding the referendum and counting the ballots.
Any interested producer may be
present at such time the commission counts
said ballots.
Any proposed increase in assessments by
the commission subsequent to a decrease in
assessments as provided for in RCW 15.44.130 (2) shall be subject to a referendum
and approval by producers as herein provided.
[1973 1st ex.s. c 41 § 1;
1969 c
60 § 1; 1965 ex.s. c 44 § 1; 1961 c 11 §
15.44.080.
Prior:
1959 c 163 § 11;
prior:
1949 c 185 § 1, part; 1939 c 219 §
9, part; Rem. Supp. 1949 § 6266-9, part.]
Chapter 15.65
AGRICULTURAL ENABLING ACT
OF 1961
W~SHINGTON
ST~TE
15.65.490
A~!JQN~
EJNA!£1!1
!Q
B~~QBQ~
Ql
IINAN~IA1
!BAN~=
]~ ~~f! ]1 QIB~CTQE==AQQII~==
~IA!~nlili!~==Q~1I!~RY
Ql AQQI!L
FINANCIAL STATEMENTS TO GOVERNOR.
The
director-and-each-of-his- designees- shall
keep or cause to be kept separately for
each agreement and order in accordance
with accepted standards of good accounting
practice, accurate records of all assessments,
collections,
receipts, deposits,
withdrawals,
disbursements,
paid
outs,
moneys and other financial transactions
made and done pursuant to such order or
agreement, and the same shall be audited
at least annually subject to procedures
and methods lawfully prescribed by the
state auditor.
The books and accounts
maintained under every such agreement and
order shall be closed as of the last day
of each fiscal year of the state of
Washington.
A copy of every such audit
shall be delivered within thirty days
after the completion thereof to the governor and the commodity board of the agreement or order concerned.
The department
of agriculture shall make at least annually a composite financial statement showing
the financial position under all such
orders and agreements as of the last day
of
the fiscal year of the state of
Washington and a copy of such composite
financial statement shall be delivered
within thirty days after completion thereof to the governor.
(1973 c 106 § 10;
1961 c 256 § 49.]
Chapter 15.76
AGRICULTURAL FAIRS, YOUTH SHOWS, EXHIBITIONS
]
17.12.080
AGRICULTURAL PEST DISTRICTS
--------------------------------------------------------------------------------------or leases property from another governmental agency and provides such property for
area or county and district agricultural
fair purposes may apply to the director
for special assistance in carrying out
necessary capital improvements to such
property and maintenance of the appurtenances thereto, and in the event such
property and capital improvements
are
leased to any organization conducting an
agricultural fair pursuant to
chapter
15.76 RCi and chapter 257 of the Laws of
1955, such leasehold and such
leased
property shall be exempt from real and
personal property taxation. [1973 c 117 §
1; 1969 c 85 § 1.]
for the administration of
[ 1973 c 142 § 3.]
security.
TITLE 17
WEEDS, RODENTS AND PESTS
Sections added, amended, or repealed:
17.12.070
17.12.080
TITLE 16
ANIMALS, ESTRAYS, BRANDS AND FENCES
Tax levy--Assessment for benefits. (Repeal effective January
1, 1974.)
Levies on state and county
lands--Levies on state lands to
be added to rental or purchase
price.
~hs£1~~ 11.:.1~
sections added, amended, or repealed:
such
RQ~ents.:.
17.16.120
g~~!~n1i2n
_aniiDs1.§.:.
16.52.020
16.65.235
2f
~~Y~11Y
Poisons and supplies, purchase
and sale of--Tax levy. (Repeal
effective January 1, 1974.)
17.28.100
~ha£1~~ 1&~2l
Election on proposition to levy
tax.
Excess levy authorized.
General obligation bonds.
12
Humane societies.
Cash or other security in lieu
of surety bond.
Chapter 17.12
AGRICULTURAL PEST DISTRICTS
Chapter 16.52
PREVENTION OF CRUELTY TO ANIMALS
16.52.020
HUn!!~ 2Q~!~I!~2.:.
Any citizens of the state of washington who have
heretofore, or who shall hereafter, incorporate as a body corporate, under the laws
of this state as a humane society or as a
society for the prevention of cruelty to
animals may avail themselves of the privileges of RCi 16.52.010 through 16.52.050,
16.52.070 through 16.52.090 and 16.52.100
through 16.52.180:
PROVIDED, That the
legislative authority in each county may
grant exclusive authority to exercise the
privileges and authority granted by this
section to one or more qualified corporations for a period of up to three years
based upon ability to fulfill the purposes
of this chapter. [1973 1st ex.s. c 125 §
1 ; 19 01 c 14 6 § 1 ; RR S § 3184. ]
Chapter 16.65
PUBLIC LIVESTOCK MARKETS
16.65.235
~ASH
Qli QIH~li 2~CURITY I!
QI 2UR~II BOND.
In lieu of the
surety bond required-under the provisions
of this chapter, an applicant or licensee
may file with the director a deposit
consisting of cash or other
security
acceptable to the director. The director
may adopt rules and regulations necessary
bl~Q
1973 RCW SUPP.
17.28.252
17.28.260
( 63
17.12.070
TAX
LEVY--ASSESSMENT
FOR
BENEFITS.
[1919 c-152-=-7;-RRS-=-2807:]
Repealed-by 1973 1st ex.s. c 195 § 133,
effective January 1, 1974.
17.12.080
b~VIES QN ST!I~
AND COUNTY
b!NQS. LEVI~§ QN §TAig b!NDS IQ ~g-ADQgQ
TO RENTAL OR ~URCHASg ~RICE.:.
Whenever
there--shall- be included within any pest
district lands belonging to the state or
to the county the board of county commissioners shall determine the amount of the
tax. or assessment for which such land
would be liable if the same were in
private ownership for each subdivision of
forty acres or fraction thereof.
The
assessor shall transmit to the county
commissioners a statement of the amounts
so due from county lands and the county
commissioners shall appropriate from the
current expense fund of the county sufficient money to pay such amounts.
A
statement of the amounts due from state
lands within each county shall be annually
forwarded to the commissioner of public
lands who shall examine the same and if he
finds
the same correct and that the
determination was made according to law,
17. 12.080
WEEDS, RODENTS AND PESTS
--------------------------------------------------------------------------------------he shall certify the same and issue a
warrant for the payment of same against
any funds in the state treasury appropriated for such purposes.
The commissioner of public lands shall
keep a record of the amounts so paid on
account of any state lands which are under
lease or contract of sale and such amounts
shall be added to and become a part of the
annual rental or purchase price of the
land, and shall be paid annually at the
time of payment of rent or payment of
interest or purchase price of such land.
When such amounts shall be collected by
the commissioner of public lands it shall
be paid into the general fund in the state
treasury. (1973 c 106 § 11; 1919 c 152 §
8; RRS § 2808. Formerly RCW 17.12.080 and
17.12.090.]
Chapter 17.16
RODENTS
17.16.120
POISONS
AN~
~g~RhlESL
RUR=
~.H!SE !!i~ ~!1£!-0F--TA! LEVY.
(1921 c 140
§ 6; RRS § 2793.) Repealed by 1973 1st
ex.s. c 195 § 133, effective January 1,
1974.
~evgabili_ty--Effecti~ Qs!g§ snd termi=
!!ftiion g,gtes==Con§!!]!£tion=1.97J. 1st tl~2~
£ 122~ See notes following RCW 84.52.043.
Chapter 17. 28
MOSQUITO CONTROL DISTRICTS
17.28.100
£;LE~IlQ!i
Q!i PROPOSITION TO
LEVY TAX.
At the same election--there
shall--be submitted to the voters residing
within the district, for their approval or
rejection, a proposition authorizing the
mosquito control district, if formed, to
levy at the earliest time permitted by law
on all taxable property located within the
mosquito control district a general tax,
for one year, of twenty-five cents per
thousand dollars of assessed value in
excess of any constitutional or statutory
limitation for authorized purposes of the
mosquito control district.
The proposition shall be expressed on the ballots in
substantially the following form:
"ONE YEAR TWENTY-FIVE CENTS PER THOUSAND
DOLLARS OF ASSESSED VALUE LEVY
"Shall the mosquito control district, if
formed, levy a general tax of twenty-five
cents per thousand dollars of assessed
value for one year upon all the taxable
property within said district in excess of
the constitutional and/or statutory tax
limits for authorized purposes of the
district?
YES • •••••••••• • • • • • • • • • • • • • • • • • • • • • • 0
NO • •••••••••••••• • •• • • • • • • • • • • • • • • •• D"
[ 64
such proposition to be effective must be
approved by a majority of at least threefifths of the persons voting on
the
proposition to levy such tax in the manner
set forth in Article VII, section 2 (a) of
the constitution of this state, as amend~d
by Amendment 59 and as thereafter amended.
(1973 1st ex.s. c 195 § 2; 1957 c 153 §
10. ]
17.28.252
!!!CESS 1~!! !QitlQRI~l!~~ A
mosquito control district shall have the
power to levy additional taxes in excess
of the constitutional and;or statutory
limitations for any of the authorized
purposes of such district, not in excess
of fifty cents per thousand dollars of
assessed value per year when authorized so
to do by the electors of such district by
a three-fifths majority of those voting on
the proposition in the manner set forth in
Article VII, section 2 (a) of the Constitution
of this state, as amended by
Amendment 59 and as thereafter amended at
such time as may be fixed by the board of
trustees for the district,
which special
election may be called by the board of
trustees of the district, at which special
election the proposition of authorizing
such excess levy shall be submitted in
such form as to enable the voters favoring
the proposition to vote "Yes" and those
opposing thereto to vote "No". Nothing
herein shall be construed to
prevent
holding the foregoing special election at
the same time as that fixed for a general
election. ( 1973 1st ex. s. c 195 § 3; 1959
c 64 § 4.]
17.28.260
GENERAL OBLIGATION BONDS. A
mosquito control-aiStric~alr- have--the
power to issue general obligation bonds
and to pledge the full faith and credit of
the district to the payment thereof, for
any authorized purpose or purposes of the
mosquito control district:
PROVIDED, That
a proposition authorizing the issuance of
such bonds shall have been submitted to
the electors of the mosquito
control
district at a special or general election
and assented to by three-fifths of the
persons voting on said proposition at said
election at which such election the total
number of persons voting on such bond
proposition shall constitute not less than
forty percent of the total number of votes
cast within the area of said mosquito
control district at the last preceding
county or state general election.
General obligation bonds shall bear interest at a rate or rates as authorized by
the board of trustees. The various annual
]
TITLE 18
DIGEST OF TITLE
-----------------------------------------------------------------------~--------------~
maturities shall commence not more than
two years from the date 0f issue of the
bonds and shall as nearly as practicable
be in such amounts as will, together with
the interest on all outstanding bonds of
such issue, be met by equal annual tax
levies.
Such bonds shall never be issued to run
for a longer period than ten years from
the date of issue.
The bonds shall be signed by the presiding officer of the board of trustees of
the district and shall be attested by the
secretary of the board, one of which
signatures may be a facsimile signature
and the seal of the mosquito control
district shall be impressed thereon.
Each
of the interest coupons shall be signed by
the facsimile signatures of said officials. General obligation bonds shall be
sold at public sale as provided by law for
sale of general obligation bonds of cities
of the first class and at a price not less
than par and accrued interest.
There shall be levied by the officers or
governing body now or hereafter charged by
law with the duty of levying taxes in the
manner provided by law an annual levy in
excess of the constitutional and/or statutory tax limitations sufficient to meet
the annual or semiannual payments of the
principal and interest on the said bonds
maturing as herein provided upon
all
taxable property within the mosquito control district. (1973 1st ex.s. c 195 § 4;
1970 ex.s.
c 56 § 5; 1969 ex.s. c 232 §
65; 1957 c 153 § 26.]
~gyg£~~ili1~==~!!g~1i~ daig§ ~ng !grmi=
n~!iQ~ ga1~~Qn§1IY£1i2n==1211 1st ~~§~
£
122~
18.15.060
18.15.065
18.15.090
18.15.097
18.15.100
18.15.110
18.15.200
18.15.210
18.15.220
18.15.230
18.15.240
18.15.250
~hg£1g£ 1§~1§
~£§ID§!Qlogy~
~gaY1Y ~ uliH:gl
18.18.010
18.18.020
18.18.030
18.18.040
18.18.050
18.18.065
18.18.090
18.18.100
18.18.110
18.18.140
18.18.190
18.18.220
Sections added, amended, or repealed:
18.18.260
18.04.290
18.04.300
Annual permits--Issuance--Duration--Fee--Prerequisite to annual renewal.
Revocation and suspension of
certificates, licenses, registrations, or permits.
~haEi§I 1~~12
~~£Qg£in~_Men~§ fiair=
§1Y1ing~ 1r£rmgrly~ ~g£Qer§l
18.15.010
18.15.045
18.15.050
Definition--Exceptions.
Licens8 to practice barbering-When final examination not
required.
Examinations--Time and place-Scope--License or permit--Service under licensed barber--Reexamination--Manager-operator
licensee eligible for barbering
license.
1973 RCW SUPP.
1r2rmgrl~
Definitions.
Director--Duties.
Licensing--Required.
Licensing--Exemptions.
Operator's license.
Shop or school location license--Application--Issuance.
Applications--Fees.
Examining committee--To conduct
examinations~ualifications.
See notes following RCW 84.52.043.
TITLE 18
BUSINESSES AND PROFESSIONS
Annual renewal of license or
permit.
Barber shop location licenses-Fees, renewals, etc.
Barber colleges.
Instructors--License required-Application--Qualifications-Examination--Renewal--Fees.
Student barbers--Student certificate--Fee--Application for
barber's permit.
Student barbers--Course of instruction-Textbooks-Certificate.
Men's hairstyling--Legislative
declaration.
Men's hairstyling--Definition.
Men's hairstyling--Certificate--Fee--Examination-Limitation.
Men's hairstyling~Barber examining committee--Duties.
Men's hairstyling--Barber examining committee--Rules and
regulations.
Men's hairstyling--Barber examining committee--Meetings.
18. 18. 27 0
18.18. 300
Examinations--Subjects-Conduct.
Licenses--Renewal--Fees.
Schools--Courses of
instruction.
Revocation of licenses-Grounds.
Unlawful practices and
omissions.
Violations--Penalties.
Manicuring--License required-Exception--Application-Examinations.
~haEigr 1ft~~~
Eodi~!IY~
1IQimgrlY~
~hi=
IQEQgyl
18.22.010
18.22.020
18.22.030
18.22.040
18.22.050
18.22.060
18.22.070
18.22.081
18.22.110
18.22.120
18.22.130
[ 65 ]
Definitions.
Licensing required.
Licensing--Exemptions.
Applicants--Eligibility.
Applicants--Educational
qualifications.
Application fee--Reexamination.
Examination.
License--Reciprocity with other
states.
License--Display.
License--Annual renewal--Fee.
Record of licensees.
TITLE 18
BUSINESSES AND PROFESSIONS
--------------------------------------------------------------------------------------18.22.140
18.22.150
18.22.160
18.22.185
18.22.200
18.22.210
18.22.215
18.22.230
18.22.930
Unprofessional conduct-Penalty.
Revocation or suspension of license--Grounds for.
Refusal, revocation or suspension of license--Procedure.
Prescriptions.
Unlawful practices.
Unlawful practice--Evidence of.
Injunctions.
Exemptions.
Persons licensed under prior
law.
~haE1~£ 1§~21
tO I§.:.
18.27.010
18.27.020
18.27.030
18.27.040
18.27.070
18.27.090
18. 27. 120
18.27.140
18.35.010
18.35.020
18.35.030
18.35.040
18.35.050
18.35.060
18.35.070
18.35.080
18.35.090
18.35.100
18.35.110
18. 35. 12 0
18.35.130
18. 35. 140
18.35.150
18.35.160
18.35.170
18.35.180
~gi§1£gtiQn
Qf
18.35.190
18.35.200
18.35.900
18.37.010
18.37.020
~Qnifg£=
18.37.030
Definitions.
Registration required--Partnerships, joint ventures-Penalties.
Application for registration.
Bond or other security required--Actions against--Suspension of registration upon
impairment.
Registration and renewal fees.
Exemptions.
Department to compile, update
list of registered contractors--Availability, fee.
Purpose of chapter.
D·efinitions.
License--Required.
Receipt required--Contents.
Applicants--Qualifications-Fee--Requirements.
Examination--Required--When
offered.
Trainee license--Qualifications--Requirements--Fee-Contents--Authority of trainee-Expiration--Reissuance.
Examination--Contents--Tests.
License--Issuance--Fee-Duration.
Renewal fee--Display of
license.
Place of business.
Grounds for suspension of
license.
Revocation of license.
Hearing.
Powers and duties of
department.
council on hearing aids--created--Membership--Qualifications-Ter ms-Vacancie s-Meetings--Per diem and
expenses.
Council on hearing aids--Powers
and duties.
council on hearing aids--Restriction upon member taking
examination.
Application of consumer Protection Act and False Advertising
Act.
18.37.040
18.37.050
18.37.060
Definitions.
Certificate of competency--Apprentice permit--Required-Business or trade of electrician defined.
Application for certificate of
competency--Evidence of experience and competency-Forms.
Examinations--Eligibility-Rules and regulations.
Examinations--contents--Times-Fees--Certification of results.
Certificate of competency--rssuance--Renewal--Fee~Effect.
18.37.070
18.37.080
18.37.090
18.37.100
18.37.110
18.37.120
18.37.130
18.37.140
18.37.150
Persons engaged in business or
trade as electrician on effective date.
Temporary permits.
Revocation of certificate of
competency--Grounds--Procedure.
Advisory board of electricians.
Apprentices--Registration--Permit to work.
Disposition of fees.
Powers and duties of director.
Exemptions from chapter
requirements.
Penalty.
~hgE1~£ 1~~~~
!£1~
~§££2! Ag~1 ~gi~1r~i2n
18.44.230
Applicant for examination-Requirements.
18.51.010
18.51.180
Definitions.
Out-patient services--Authorized-Defined.
Out-patient services--cost
studies-Vendor rates.
18.51.185
Chg£t€r ~.:.21
18.53.165
18.53.170
18.53.175
18.53.180
18.53.185
18.53. 190
1A.53.901
[ 66
Valid license prerequisite to
suits--Violations--Rescission
of transactions--scope of
chapter.
Other laws unaffected.
Severability--1973 1st ex.s. c
106.
]
Q£i2m~1£Y.:.
Discrimination prohibited-Legislative finding and
declaration.
Discrimination prohibited--Acceptance of services by state
agencies and subdivisions.
Discrimination prohibited-State agencies and subdivisions--officials and employees.
Discrimination prohibited-Agreements or contracts by
state and subdivisions.
Discrimination prohibited-Costs immaterial.
Discrimination prohibited--Application of law.
Severability--1973 c 48.
TITLE 18
DIGEST OF TITLE
--------------------------------------------------------------------------------------~ha£!~I 1~21!
Q£!~Q£s!bi£ gbY£icisn£!
Assi£!ant£.:.
18.73.140
18.57A.060 Limitations on health care
services.
~ha£:t.ll 1~.:..2.!!.
18.64.001
18.64.005
Duration~-Revocation--Fee-­
18.73.150
Phg~QiSt§.:.
State board of pharmacy--Creation--Membership--Oath--Removal-Vacancies.
State board of pharmacy--Powers
and duties.
18.73.160
18.73.170
18.73.180
18.73.190
18.73.200
18.71.030
18.71.095
18.71.096
18.71.200
18.71.230
~bsE!~I
Exemptions.
conditional certificate or license for out-of-state licensees while engaged by
department of social and health
services.
conditional certificate or license for out-of-state licensees while engaged by
department of social and health
services-Duration--Renewal.
"Physician's trained mobile intensive care paramedic"-Defined.
Revocation of right of canadian
physician to practice-Grounds-Procedure.
1§.:.11!
18.73.900
18.73.910
18.85.010
18.85.120
18.85.410
18.71A.060 Limitations on health care
services.
18.73.010
18.73.02C
18.73.030
18.73.040
18.73.050
18.73.060
18.73.070
18.73.080
18.73.090
18.73.1(10
18.73.110
18.73.120
18.73.130
Legislative finding.
Superiession of local ordinances, regulations, requirements and fees.
Definitions.
Emergency medical and ambulance
review committee--Created--Membership--Terms--Officers--Meetings--Per diem and expenses.
Emergency medical and ambulance
review committee--Duties--Approval of rules and
regulations.
Planning and service areas.
Comprehensive plan--Community
support.
Minimum requirements to be
prescribed.
Emergency medical
communications.
variance from standards.
Emergency medical technician
certificates--Issuance--Qualification--Reciprocity--Fee-Duration.
certificate of advanced first
aid qualification--Issuance-Duration--Fee--Exemption.
Ambulance operator, ambulance
director, first aid vehicle
1973 RCW SUPP.
Definitions.
Applications--Conditions--Fees.
Sale of used mobile homes by
licensees.
B~i§!gigg ]YI2~2.:.
ll~
IDgilYl B~i§:t.gigg fi2!~2i2ns1
]YI§g§l.
18.88.040
sng
Inspections.
Ambulance personnel
requirements.
First aid vehicle licenses--Issuance--Revocation--Fee-Inspections.
First aid vehicles--Personnel-Use.
Other transportation vehicles.
Violations--Penalties.
Administrative procedure act
applicable.
severability--1973 1st ex.s. c
208.
Effective dates--1973 1st ex.s.
c 208.
~hsE:t.gi 1§.:.§~
18.88.010
18.88.020
18.88.030
ghYsi£isn£! A££i£tan!£.:.
~bsE!~I 1~.:.11 ~ID~IgggQy ~edi£s1 Cai~
I~sn££2I!s!i2n SeiVi£~2.:.
operator or first aid director
licenses--Required--Exceptions--Duration--Fees.
Ambulance licenses--Issuance--
18.88.050
18.88.060
18.88.070
18.88.080
18.88.090
18.88.100
18.88.110
18.88.120
18.88.130
18.88.140
18.88.150
18.88.160
18.88.170
18.88.18')
18.88.190
18.88.200
18.88.220
18.88.230
18.88.240
[ 67 ]
Statement of policy.
Licensing required.
Definitions-Construction-Exceptions.
Nurse planning council created--Duties.
State board of nursing--Members-Terms.
Qualifications of board
members.
Meetings of board.
Powers of board--Compensation
of members.
Executive secretary--Assistants--Employees--Compensation,
expenses.
Qualifications of executive
secretary.
Approval of nursing schools.
Periodic survey of schools.
Qualifications of applicants
for license.
Examinations--Permits to
practice.
Reciprocity.
License fee.
Use of nomenclature.
Existing practitioners.
Renewal of licenses--Fee.
Penalty for failure to renew.
Temporary retirement--Evidence
of knowledge and skill after
nonpracticing status for three
or more years.
Denial, revocation or suspension of license--Reissuance.
Procedure.
TITLE 18
BUSINESSES AND PROFESSIONS
--------------------------------------------------------------------------------------18.88.250
18.88.260
18.88.265
18.88.27C
18.88.280
18.88.285
18.88.300
Appeal--Administrative Procedure Act applicable.
Reports of violations-Investigation.
Injunctions to prevent unauthorized practice.
Violations--Penalty.
Excepted activities--Limitation
of practice.
Acts which may be performed
only by licensed registered
nurse--Exception.
Rules and regulations.
fha£!~£ 1~~122
glu!Q~£§~
18.106.010 Definitions.
18.106.020 Certificate of competency--Apprentice permit--Required.
18.106.030 Application for certificate of
competency--Evidence of competency required.
18.106.040 Examinations--Eligibility requirements--Determination.
18.106.050 Examinations--Scope--Fee--Results--Retaking.
18.106.060 Examinations--Local agencies-Uniformity--Fees.
18.106.070 Certificates of competency--Issuance--Duration--Renewal-Fee--Rights of holder.
18.106.080 Persons engaged in plumbing
business or trade on effective
date.
18.106.090 Temporary permits.
18.106.100 Revocation of certificate of
competency--Grounds--Procedure.
18.106.110 Advisory board of plumbers.
18.106.120 Apprentices-·-Registration--Permit to work.
18.106.130 Plumbing certificate fund.
18.106.140 Powers and duties of director.
18.106.150 Exemptions from chapter
requirements.
18.106.160 Penalty.
cross Reference:
Domestic waste treatment plants--Certification and regulation of operators:
Chapter 70.95B RCW.
Chapter 18.04
ACCOUNTANCY
18.04.290
!!!]!1
EEB~!~==I~SU!NC]==
QQB!!IO!!==FEE=RBEBEQ!!I~ITE
!Q !!!!!!1 RE.=
NEW!1~
(1)
The director of motor vehicles
shall upon application issue an
annual permit to practice public accounting
in this state to any person or
partnership authorized to engage in such
practice in this state under a valid
certificate, license, or registration, to
any corporation presently authorized to do
business under RCW 18.04.350, as now or
hereafter amended, and to any candidate
for a certificate as a certified public
accountant
who has passed the entire
examination given by the examining committee as provided in RCW 18.04.120 as now or
[ 68
hereafter amended.
such permits shall
expire on the thirtieth day of June of
each year. The annual fee for a permit to
practice public accounting in this state
shall be twenty-five dollars.
In the
event the holder of a permit fails to
renew the same prior to the expiration
thereof such failure shall not deprive a
person or partnership otherwise entitled
to such permit of the right to renew the
same upon the payment of the fees which
the applicant would have been required to
pay if the permit had been renewed prior
to its expiration.
(2)
Every person practicing public accounting shall as a prerequisite to annual
renewal of such permit, submit to the
Washington
state board of accountancy
satisfactory proof of having, during the
preceding three years, completed fifteen
days or an accumulation of one hundred
twen~y
hours of continuing education recognized and approved by the board: PROVIDED, That this subsection shall not apply
to applications for renewal until three
years after July 16, 1973:
PROVIDED, That
this requirement may be waived by the
board for good cause. [1973 1st ex.s. c
23 § 1; 1969 c 114 § 6; 1949 c 226 § 28;
Rem.
Supp.
1949 § 8269-35. Prior:
1933
ex.s. c 56 § 2; RRS § 8269-2.]
18.04.300
REVOCATION AND ~US~~l!~ION OF
CEB!l£:IC!!E§.L 1ICENSESL REGISTBaTIQ!!~L Q_R
PER~l!~
Upon complying with RCW 18.04.320 the board may revoke or suspend any
certificate issued under RCW 18.04.120, or
any license issued under RCW 18.04.210, or
any
registration
under RCW 18.04.230
through 18.04.260, or may revoke, suspend,
or refuse to renew any annual permit
issued under RCW 18.04.290 for any one or
any combination of the following causes:
(1)
The practice of any fraud or deceit
in obtaining a certificate as a certified
public accountant, or a license as a
licensed public accountant, or in obtaining registration under this chapter, or in
obtaining an annual permit under this
chapter;
(2)
Dishonesty, fraud, or gross negligence
in
the
practice
of
public
accounting;
(3)
Violation of any of the provisions
of RCW 18.04.340;
(4)
Violation of the rules of professional conduct promulgated by the board
under the authority
granted
by
RCW
18.04.070;
(5)
Conviction of a felony under the
laws of any state or of the United States;
(6)
Conviction of any crime, an essential element of which is dishonesty or
fraud, under the laws of any state or of
the United States;
(7)
Cancellation, revocation,
suspension, or refusal of renewal of the authority to practice as a certified public
accountant, as a licensed public accountant, or as a public accountant in any of
the United states; or
J
BARBERING--MEN 1 S HAIRSTYLING
18.15.050
--------------------------------------------------------------------------------------(8)
Violation of any of the provisions
of this chapter. [1973 1st ex.s. c 23 §
2; 1961 c 294 § 2; 1949 c 226 § 29; Rem.
supp.
1949 § 8269-36. Prior:
1933 ex.s.
c 56 § 3; RRS § 8269-3.)
Chapter 18. 15
BARBERING--MEN'S HAIRSTYLING
(FORMERLY:
BARBERS)
application and payment of a sum equal to
the annual license renewal fee, the director shall issue him a license to practice
as a barber in this state:
PROVIDED, That
the applicant meets all of the other
requirements of this chapter. [ 1973 1st
ex.s. c 148 § 3. ]
18.15.050
EXAMINATJQNS==IIME
!Eg
g~A~~-SCOfE-=bJCE~~~
QR fERMI!==~~RVJ~~
UNQ~li LI~~E~EQ ~ARBER-=BEEXAMINA!IQ~=-M!~=
18.15.010
~EFINJIIQN==EX~~fiJON~~
Any
one or any combination of the following
practices (when done upon the upper part
of the human body for cosmetic purposes
and not for the treatment of disease or
physical or mental ailments, and when done
for payment, either directly or indirectly, or without payment, for the public
generally upon male or female) constitutes
the practice of barbering:
(1) Shaving or
trimming the beard or cutting the hair;
(2)
giving facial and scalp massage or
treatments with oils, creams, lotions, or
other preparations, either by hand or
mechanical appliances: (3) singeing, shampooing or dyeing the hair, or applying
tonics;
(4)
applying
cosmetic
preparations,
antiseptics,
powders, oils,
clays, or lotions to the scalp, face, neck
or upper part of the body: PROVIDED, That
the provisions of this chapter shall not
apply
to any person employed in, or
engaged in the operation of any beauty
shop or hair dressing establishment or to
persons engaged in the care or treatment
of patients in health facilities or engaged in the care of residents of boarding
homes and similar residential care facilities: PROVIDED, FURTHER, That a certified
men's hair stylist may perform the following additional practices:
(1) Hair analysis,
reconditioning,
and
restoration
procedures, as required; (2) the chemical
processing of the hair, including temporary or permanent body waving, curl correction, or straightening, as well as the
application of other chemicals in the
process of barbering; and (3) the fitting
and servicing of wigs, wefts,
and hair
pieces. [1973 1st ex.s. c 148 § 1; 1957 c
52§ 1; 1927 c 211 § 1; 1923 c 75 § 1; RRS
§ 8277-1. Prior:
1901 c 172 § 2.]
1I~E~~~ IQ gRA~II~~
~!~~~B=
EJJAL EXA~IEA!IQ~ HQ! REQQ~~~
Any person with a permit to barber in this
state
who is indentured as a barber
apprentice pursuant to chapter 49.04 RCW
and who has successfully completed the
related training course as approved by the
barber examining committee ar.d the state
department of labor and industries, apprenticeship council, and who has served
the required number of months under the
direct supervision of a licensed barber of
this state as provided in this chapter,
shall be deemed qualified to receive a
license to practice barbering in this
state without a final examination.
Upon
18.15.045
JNG==jB~E
1973 RCW SUPP.
[ 69
AGER-OPERATOR LICENSEE ELIGIBLE
FOR
BAR-
BERING~ICENSE:--sarber-examinations shall
be-held-six-times in each year in the
months of February, April, June, August,
October and December; and on such particular dates, within the said times, and in
such particular cities and places as the
director of motor vehicles shall determine. Every applicant for a license or
permit to practice barbering in this state
shall be required to take an examination
in each branch as follows:
(1) sanitation
as applied to the practice of barbering,
(2)
sterilization as applied to the practice of barbering, (3) and as to whether
he has sufficient knowledge of the common
contagious and infectious diseases of the
face,
skin, and scalp, to avoid spreading
thereof in the practice of barbering;
(4)
and
as to whether he has sufficient
knowledge of the use of chemicals, creams,
lotions, and solutions as applied in the
practice of barbering;
(5)
and in any
other portion of the curriculum as required by this law; and such applicant
shall be required to demonstrate to the
barber examining committee his professional skill and ability in performing the
following barber services;
( 1)
Haircutting,
(2)
shaving,
(3)
massaging,
(4)
shampooing,
and
(5)
conditioning
his
barber tools.
Any applicant, other than one applying
under the provisions of RCW 18.15.040, who
secures a passing grade in each branch of
not less than seventy-five percent in his
examination and who demonstrates to the
satisfaction of the barber examining committee that he possesses the required
professional skill and ability to properly
perform each of the said barber services,
not less than sixty-five percent of perfect, and possesses the other particular
qualifications provided in this chapter,
shall be entitled to receive,
and the
director of licenses shall issue to him, a
permit to practice barbering in
this
state.
Every person receiving such permit
shall be required to serve one and onehalf years
(eighteen months)
under the
direct supervision of a licensed barber. A
year shall be construed to mean a period
of not less than fifty-two weeks consisting of forty hours per week of service by
the permittee.
He must then pass an
examination not less than seventy-five
percent of perfect, and demonstrate to the
satisfaction of the barber examining committee that he possesses the required
professional skill and ability to properly
18.15.050
BUSINESSES AND PROFESSIONS
--------------------------------------------------------------perform each of th~ said barber services,
not less than seventy-five percent of
perfect, and possess the qualifications
required in this chapter, after which the
director shall issue to him a license to
practice barbering.
Any applicant under the provisions of
RCW 18.15.040 who secures a grade in each
branch of not less than
seventy-five
percent in his examination and who demonstrates to the satisfaction of the barber
exam~nlng
committee that he possesses the
required professional skill and ability to
properly perform each of the said barber
services, not less than seventy-five percent of perfect, and possesses the other
particular qualifications provided in this
chapter, shall be entitled to receive, and
the director of licenses shall issue to
him a license to practice barbering in
this state, until the first day of July
next following the issuance of such license.
Every applicant for such license
shall pay a fee of thirty-five dollars,
which fee shall accompany his application.
The director upon receipt of such application and fee shall notify the applicant of
the particular date, city and place where
he is to appear for his examination for a
license or permit to practice barbering in
this state.
Any unsuccessful applicant for a license
or _permit to practice barbering in this
state shall be entitled to appear at any
subsequent barber examination and be reexamined for a license or permit, as the
case may be, to practice barbering in this
state upon the payment of a reexamination
fee of fifteen dollars, and which reexamination fee shall be paid at the time of
application for such reexamination, said
application and fee to be submitted to the
director at least fifteen days prior to an
examination date:
PROVIDED, That an unsuccessful applicant for a permit shall
return to an approved school or college
for an additional two hundred fifty hours
of
instruction
before
he
may
be
reexamined.
Any person who applies for a license or
permit to practice barbering under this
chapter, and who does not appear for
examination at the time, date, and place
as notified by the director, shall forfeit
application fees, and must reapply with a
fee of fifteen dollars, which fee shall
accompany his new application.
Any person holding a current manageroperator license of this state issued
under the provisions of chapter 18.18 RCW
shall be deemed qualified to apply to the
director to be examined for a license to
practice barbering, pursuant to the provisions of this chapter: PROVIDED, That any
such applicant who fails said examination
must then enroll in a licensed barber
school of this state and complete a course
of
instruction of not less than two
hundred fifty hours before applying to be
reexamined for a barber license.
The
curriculum for such course of instruction
[
70
shall be determined by the barber examining committee and approved by the director.
[ 1973 1st ex.s. c 1qs § 2;
1967 c
223 § 4;
1959 c 84 § 4; 1951 c 16 § 3;
1949 c 51 § 4; 1929 c 209 § 3; 1927 c 211
§ 5;
1923 c 75 § 6; Rem. Supp. 1949 §
8277-6.]
18.15.060
ANNUAL RENEWAL OF LICENSE OR
PERMIT. Every-person-Iicensed-as-a-barber
or--a--permit barber shall pay an annual
license fee of not less than five dollars
nor more than fifteen dollars,
for a
license or permit renewal certificate on
or before the thirtieth day of June each
year.
The annual license and
permit
renewal fee shall be determined by the
director under the provisions of chapter
34.04 RCW.
Failure to pay the annual
license or permit renewal fees before
delinquency shall work a forfeiture of the
license or permit, but the license or
permit may be renewed within three years
thereafter without examination upon application
therefor by the licentiate or
permittee, and payment of a fee of fifteen
dollars plus all lapsed fees.
Should the
licentiate or permittee allow his license
or permit to elapse for more than three
years, he must be reexamined as for a new
license or permit. (1973 1st ex.s. c 148
§ 4; 1971 ex.s. c 266 § 2; 1967 c 223 § 9;
1957 c 101 § 14; 1929 c 209 § 4; 1927 c
211 § 6; 1923 c 75 § 7.; RRS § 8277-7.]
18.15.065
t§.=-FE~L
BARBER
R~!!t!ALh
~HOf. ~QCATI.Q!!
gg_!{S-
ET£:..
It shall be
unlawful for any firm, corporation, or
person to operate a barber shop without a
shop location license for each barber
shop. Application therefor shall be made
to the director of motor vehicles. Each
application for a license shall be accompanied by a fee of twenty-five dollars.
Upon receipt of the application and fee,
the director shall issue a shop location
license, if the barber shop meets the
requirements of this chapter.
Each license shall be issued for the shop and
persons named in the application.
Application ~or the transfer or assignment of a
shop location license shall be upon such
form as the director shall prescribe, and
application shall be made within ten days
of the sale or transfer.
Upon the receipt
of the application and a fee of twentyfive dollars, the director shall assign or
transfer the shop location license, if the
assignee or transferee and the barber shop
meets the requirements of this chapter. If
the application for transfer or assignment
is not made within ten days, a penalty fee
of twenty-five dollars will be made, prior
to issuance of a license.
All licenses issued under this section
shall expire on the first day of July next
succeeding the date of issue.
Each such
license shall be renewable annually on or
before the expiration date, and the application for renewal shall be accompanied by
]
18.15.097
BARBERING--MEN'S HAIRSTYLING
---------~-----------------------------------------------------------------------------
a fee of four dollars. Failure to obtain a
renewal before delinquency shall work a
forfeiture of the shop location license,
but the license may be reinstated at any
time after forfeiture upon the payment of
the annual renewal fee, together with a
penalty fee of twenty-five dollars,
upon
satisfactory inspection. [1973 1st ex.s.
c 148 § 5; 1967 c 223 § 10; 1959 c 84 §
3. ]
18.15.090
BAR~g ~QLLEGE2~
Any firm,
corporation or person desiring to conduct
or operate a barber school or barber
college in this state shall first secure
from the director of motor vehicles a
permit to do so, and shall keep the same
prominently displayed. No barber school
or college shall be issued a permit by the
director of motor vehicles unless such
school or college is financially responsible, and will be able in the judgment of
the director to carry out and perform any
contract made for the instruction
of
students therein.
Such school or college shall instruct
students therein in the practice of barbering, including shaving and cutting of
the
hair and beard, and the various
services incident thereto, preparation and
care of tools used, sanitation as applied
to barbering, knowledge concerning the
common diseases of the face and skin to
avoid aggravation and spreading thereof in
the practice of barbering, and the use of
chemicals, creams, lotions, and solutions
as applied in the practice of barbering.
such barber school or college shall be
managed and operated by a barber duly
licensed as a manager-instructor under the
provisions of this chapter, and shall at
all times, while open and in operation, be
in charge and under the direct supervision
of a barber duly licensed as an instructor
or manager-instructor under the provisions
of this chapter.
Every school or college shall at all
times maintain one barber duly licensed as
a manager-instructor or instructor, and
there shall be at least one such licensed
instructor or manager-instructor for each
twenty students or fraction thereof, in
attendance;
and there shall be at least
one such instructor or manager-instructor
on the floor at all times when the barber
school or college is open to serve the
public, which said instructor or managerinstructor shall devote his entire time to
the instruction of students therein and
who shall at no time operate any particular barber's chair in such school or
college, or practice any barbering therein
except while giving instructions to a
studen~ therein.
Every such school or
college shall at all times maintain on
each window therein, facing upon
any
street,
a sign in plain letters at least
six inches high composea of the words
"barber
school"
or "barber college,"
placed as nearly as practicable in the
center between top and bottom of any such
1973 RCW SUPP.
[ 71
window, and, if desired by t~e managerinstructor of such school or college,
underneath these words, a sign with letters no greater in size, composed of the
words "shaving" and/or "hair cutting,"
giving the price charged; and such school
or college shall not at any time keep or
maintain upon any of the windows or doors
of such school or college, or use in any
advertisement,
any sign or words "barber
shop," "expert barbering," or other similar words, or display any barber pole or
barber pole stripes such as has long been
used to designate a barber shop, or barber
shop services as distinguished from services performed by student barbers in such
school or college.
Every such school or
college,
at all times when open for
business, shall place and maintain upon
the floor within its premises in front of
each entrance a standing floor sign composed of the words "student barbers perform all services herein" painted
in
three-inch red letters upon a white standing floor sign thirty inches high and
twenty inches wide, and designed as prescribed by the director.
The director
shall revoke the ~icense of any school or
college which shall violate any of the
provisions of this chapter, or which shall
fail to impart to each student in such
school or college the instructions herein
required.
No barber school or college shall be
operated unless it is under the control of
a barber licensed as a manager-instructor.
Each applicant for a manager-instructor's
license shall submit an application to the
director on such forms as it may prescribe.
The qualifications for such a
license, license fees and license renewal
fees shall be the same as those prescribed
for an instructor's license. The examination for a manager-instructor's license,
shall in addition to the requirements for
an instructor's license, include business
management as related to barber shops and
barber schools, state laws and regulations
relating to the operation
of
barber
schools and barbering, and such other
subjects relating to the operation of
barber schools or colleges as the examining committee may prescribe. The name and
designation of the licensee as managerinstructor shall appear on each school or
college location license issued by the
director. A manager-instructor's license
shall stand revoked if not used for a
period of two years, after which time
licentiate must be reexamined as for a new
license. (1973 1st ex.s. c 148 § 6;
1967
c 223 § 12; 1947 c 102 § 1; 1929 c 209 §
6; 1927 c 211 § 11; 1923 c 75 § 14; Rem.
Supp. 1947 § 8277-14.]
18.15.097
INSTRUCTORS--LICENSE
RE-
QQlRED==!ffLI~!IION-=2gALIFICATIQli2==EXAH=
IN!TION-=gENt~AL==FEES~
engage
barber
]
No person shall
in teaching or instructing
in
schools or colleges without an
18.15.097
BUSINESSES AND PROFESSIONS
--------------------------------------------------------------------------------------instructor's license issued by the director.
Each applicant for an instructor's
license shall submit an application to the
director on such forms as he may prescribe, and must comply with the following
qualifications:
( 1)
Each applicant must
be at lE:ast twenty-five years of age;
(2}
must be of good health; (3) must be of
good moral character; (4) must have had at
least
five years of experience as a
licensed barber of this state in a licensed barber shop of this state immediately preceding application; (5) must have
a current barber license; (6) must have at
least a tenth grade education or
be
capable of proving an equivalent education
as determined by the board for vocational
education and local schools;
(7)
each
applicant must take an examination administered by the examining committee. The
examination shall cover such subjects as
are usually taught in barber schools and
colleges in practical and theory work; (8)
such applicant shall be required to demonstrate to the barber examining committee
his professional skill and ability in
performing all of the barbering services
as required by this chapter. Applications
for an instructor's license must be made
before becoming engaged in teaching or
instructing, but applicant may be permitted to engage in teaching or instructing
for a period of not more than sixty days,
at which time he must present himself for
examination. The fee for such license and
examination shall be fifty dollars.
Each
license shall be renewed on or before July
1st; the renewal fee shall be twenty-five
dollars. If application for a renewal is
not received on or before July 1st, the
renewal fee shall be twenty-five dollars
plus a penalty of twenty-five dollars.
The instructor's license shall stand revoked if not used for a period of two
years, and an examination as for a new
license will be required before a license
will be reissued.
Any person engaged as an instructor or
manager-instructor on effective date of
this
chapter, in a barber school or
college of this state, shall be issued a
license under this section upon payment of
the fees herein prescribed.
[ 1973 1st
ex.s. c 148 § 7; 1967 c 223 § 13.]
18.15.100
STUDENT
BARBERS--STUDENT
CERTIFICATE--FEE-=iPPLICATION-pOR BARBER'S
PERMIT.--rtshallb~unlaiful for--aiiy
person to study the practice of barbering
in any barber school or barber college
authorized under this chapter unless he
shall first
have obtained and holds a
valid student barber certificate issued
pursuant to this chavter. Any person of
good moral character, free from contagious
or infectious disease, at least eighteen
years of age* and showing completion of
the tenth grade, or has an equivalent
education as determined by the director
whose determination shall be conclusive,
shall be deemed qualified to make an
application for and be entitled to obtain
a student barber certificate authorizing
him to study the practice of barbering in
any barber school or barber college in
this state. Application therefor shall be
made to the director.
Each application
shall have attached thereto the certificate of a licensed physician and surgeon
that the said applicant is not afflicted
with any contagious or infectious disease,
and a certificate signed by two reputable
citizens living in the community in which
the applicant now resides or has recently
resided, that he is of good moral character.
Each application shall be accompanied by two signed photographs of the
applicant. Every such applicant shall pay
a fee of five dollars, which fee shall
accompany his application.
The director
upon the receipt of such application and
fee shall issue to each qualified applicant a student barber certificate which
shall be valid for one year from the date
of its issue, and which shall be subject
to one renewal thereafter upon the payment
of a fee of five dollars:
PROVIDED, That
any student barber holding (1)
a valid
student barber certificate, and
(2)
a
graduation certificate from any barber
school or barber college authorized under
this chapter shall be deemed qualified to
make application for a permit to practice
barbering in this state.
Application
therefor shall be made to the director.
Each applicant shall pay a fee of twentyfive dollars plus an amount equal to the
annual renewal fee, which fee shall accompany his application. The director upon
the receipt of such application and fee
shall notify the applicant of the particular date, city, and place where he is to
appear for his examination for a permit to
practice barbering in this state.
Failure
of applicant to appear for said examination will cause a forfeiture of fees.
[1973 1st ex.s. c 148 § 8; 1967 c 223 §
15; 1959 c 84 § 5; 1957 c 101 § 2; 1949 c
51 § 3; 1937 c 199 § 3; 1923 c 75 § 5;
1901 c 172 § 8; Rem. Supp. 1949 § 8277-5.]
18.15.110
STUDENT BARBERS--COURSE OF
INSTROCTION--TEXTBOOKS_:CERTIFICATE:-- It
shall-beunlarlulforanybarber-school or
barber college authorized under this chapter to grant admission to or instruct any
person in the practice of barbering therein unless such person then holds a valid
student barber certificate issued under
this chapter.
Every such barber school or
barber college shall require as a prerequisite to graduation therefrom the completion
of a course of instruction and
practice therein of not less than one
thousand two hundred forty-eight hours, to
be completed in not less than
eight
consecutive months' time nor more than
sixteen ,onths' time from the date of the
admission of such barber student. Such
course of instruction and practice shall
include, in addition to the subjects and
( 72 ]
BARBERING--MEN 1 S HAIRSTYLING
18.15.250
--------------------------------------------------------------------------------------practice hereinbefore prescribed, instruction in the following subjects: (1) Scientific fundamentals of
barbering;
(2)
histology of the hair, skin and scalp; (3)
structure of the head, face and neck;
(4)
coloring and bleaching the hair i
(5}
use
of chemicals, creams,
lotions and solutions
as applied in the practice of
barbering.
Any basic textbook, or textbooks, may be
used in barber schools and
colleges,
however, a specific textbook
(or textbooks) as recommended by the barber exam~n~ng
committee and designated by the
director in accordance with the provisions
of chapter 34.04 RCW shall be used in the
preparation of examinations.
A detailed curriculum approved by the
barber examining committee and adopted by
the director in accordance with the provisions of chapter 34.04 RCW shall
be
followed
by
all
barber schools and
colleges.
Each student barber upon the satisfactory completion of the said
prescribed
course of instruction and practice shall
be issued a graduation certificate from
such barber school or barber college.
Each such graduate student shall be furnished a certified copy of his graduation
certificate by such barber school
or
barber college for his use in filing his
application for a permit to
practice
barbering in this state as hereinbefore
provided. [1973 1st ex.s. c 148 § 9; 1967
c 223 § 16; 1959 c 84 § 6; 1949 c 51 § 6;
1929 c 209 § 7; Rem. Supp.
1949 § 827714a. ]
18.15.200
MEN'S HAIR~TY1!~~=-LEGIS1!=
IIV] Q~~1ARATION~- The legislature finds
that there is a distinct difference between the practice of barbering and the
practice of men's hairstyling.
The legislature further finds that it is
necessary to distinguish between the two
practices to enable those persons currently within the profession of barbering to
advance themselves professionally to become duly certified men's hairstylists and
recognized as such.
Therefore, it shall
be the policy of the state to make laws
regulating the practice of men's hairstyling. [1973 1st ex.s. c 148 § 10.]
18.15.210
~]!~~
H!JB~II1!!~==Q]l1!!=
IIOB~
In addition to the practice of
barbering any one or any combination of
the following practices when done upon the
upper part of the human male body for
cosmetic purposes and not for the treatment of disease or physical or mental
ailments,
and when done for payment,
either directly or indirectly, or without
payment constitutes the practice of men's
hairstyling: Straightening, curling, temporary waving, permanent waving, bleaching, or applying chemicals as related to
men•s hairstyling, or doing similar work
thereon by the use of the hands or any
1973 RCW SUPP.
method of mechanical application or appliances.
[1973 1st ex.s. c 148 § 11.]
18.15.220
~~~~~
fiAili~!ILING==~ERTIFJ=
CATE--FEE--EXAMINATION--LIKITATION.
Any
person-au11-1Ic;nsea-a5-a-bi;ber--In this
state, and who has satisfactorily completed a course of instruction in the practice
of men's hairstyling as approved by the
barber examining committee, shall be entitled to make application to be examined
for a Washington state men's hairstyling
certificate.
Fee for such examination and
certificate shall be fifty dollars; application and fee to be submitted to the
director at least fifteen days prior to an
examination date.
Any applicant for a
certificate under this chapter who secures
a grade in each branch of not less than
seventy-five percent in his examination
and who demonstrates to the satisfaction
of the examining committee that he possesses the required professional skill and
ability to properly perform each of the
said men's hairstyling services, shall be
entitled to receive, and the director
shall issue to him an official Washington
state men•s hairstyling certificate, recognizing him as a certified men's hairstylist, and when accompanied by a current
barber license of this state, shall entitle him to practice men's hairstyling.
PROVIDED, That persons engaged in the
practice of men's hairstyling under this
chapter are authorized to perform body
waving and permanent waving to the extent
necessary to style or arrange the hair on
male patrons, but persons engaged in the
practice of men's hairstyling under this
chapter are not authorized to otherwise
engage in the practice of cosmetology
unless such person is licensed
under
chapter 18.18 RCW. [1973 1st ex.s. c 148
§ 12. J
18.15.230
MEN'S
HAIRSTYLING--BARBER
EXAMINING coMMiTTiE--ouTiis-.---rhe--barber
examining -committee--shalr- prescribe the
curriculum and examination for a men's
hairstyling certificate in accordance with
the provisions of chapter 34.04
RCW.
(1973 1st ex.s. c 148 § 13.]
18.15.240
~]]~~
HA!B~TY1!E2==]!B~]B
EXAMINING COMMITTEE--RULES b~Q
REGULAIlQM~~---The--barber--examining committee
shall adopt such reasonable rules and
regulations as necessary to regulate the
practice of men's hairstyling under this
chapter pursuant to chapter 34.J4 RCW.
[1973 1st ex.s. c 148 § 14.]
18.15.250
MEN'S
HAIRSTYLING--BARBER
EXAMINING coMMITTEE--MEETriGs:---The--coffi=
mittee:--with-the-approval_Ot_the director,
shall meet at least once annually with the
manager-instructors and/or instructors of
each barber school or barber college in
( 73 1
18.15.250
BUSINESSES AND PROFESSIONS
-----------------------~----------------------------------------~--------------------
this state to discuss current trends and
examinations.
[1973 1st ex.s. c 148 §
15. l
Chapter 18.18
COSMETOLOGY
(FORMERLY: BEAUTY CULTURE)
18.18.010
DEFINITIONS 1!~ !~Q!Q ~!
1971 lli EX~~~ ~ ll!! .§ l§.L.
Unless the
context clearly indicates otherwise, the
words used in this chapter have
the
meaning given in this section:
(1)
"Practice
of
hairdressing"
or
"hairdressing" means the arranging, dressing, curling, waving, permanent waving,
cleansing, bleaching or coloring of the
hair, fitting and dressing of wigs and
hair pieces on or off the head other than
incidental to retail sales, or
doing
similar work thereon by use of the hands
or any method of mechanical application or
appliances or the practice of haircutting;
(2)
"Hairdresser" means any
person,
firm or corporation who engages in the
practice of hairdressing;
(3)
"Practice of cosmetology" or "cosmetology" means the massaging, cleansing,
stimulating, manipulating, exercising or
beautifying of the scalp, face, arms, bust
or upper part of the body,
or doing
similar work thereon with the hands or
with any mechanical or electrical apparatus or appliances, or by the use of
cosmetic preparations, antiseptic tonics,
lotions, creams, similar preparations or
compounds, and manicuring the nails or
removing superfluous hair or the practice
of haircutting;
(4)
"Cosmetologist" means any person,
firm or corporation who engages in the
practice of cosmetology;
(5)
"Practice of manicuring" means the
manicuring of nails of the hands and feet,
also the administration of facials, by the
use of hands and appliances;
(6)
"Manicurist" means any person who
engages in the practice of manicuring;
(7)
A nstudent"
is any person of the
age of seventeen or over who has graduated
from an accredited high school, or has an
equivalent education as determined by the
director
whose determination shall be
conclusive, who attends a duly licensed
cosmetology school,
and who does not
receive any wage or commission:
PROVIDED,
That the amendments to this subdivision
shall not apply to any person attending as
a student prior to the effective date of
this amendatory section;
(8)
An "operator-" is a person of the
age of eighteen years or over, who has
been licensed to practice hairdressing and
cosmetology under the direct supervision
and direction of a manager operator;
(9)
A "manager operator" is any person
having practiced as an operator under the
supervision of a manager operator for at
least one year;
[ 74
(10)
A "shop" is any building or structure, or any part thereof, other than a
school, wherein the practice of hairdressing and cosmetology is conducted;
(11)
A "school" is an institution of
learning devoted exclusively to the instruction and training of students in the
practice of hairdressing and cosmetology;
(12)
An "instructor operator" is a person who gives instruction in the practice
of hairdressing and cosmetology in
a
school and who has the qualifications of a
manager operator and who has passed an
instructor examination: PROVIDED, That the
provisions of this subdivision shall not
apply to any person acting as an instructor operator on March 16, 1951.
An
instructor operator shall not perform in a
cosmetology school, cosmetology services
for members of the public except for
instructional purposes;
(13)
"Director" means the state director of motor vehicles;
(14)
"Committee" means the cosmetology
examining committee;
(15)
"Board" means the hearing board.
(1973 1st ex.s. c 148 § 16; 1965 ex.s. c 3
§ 1; 1959 c 324 § 1; 1955 c 313 § 1; 1951
c 180 § 1; 1937 c 215 § 2; 1927 c 281 § 2;
RRS § 8278-2. ]
Reviser's note:
RCW
18.18.010
was
amendea-twice-during the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RC~ 1.12.025.
18.18.010
1211
1~1'.
QEFI!IIIQH~ 1A~
!;!.:..~~
~ 12! .§ 111..:..
AHEMQEQ
~!
Unless the
context clearly indicates otherwise, the
words
used in this chapter have the
meaning given in this section:
(1)
"Practice
of
hairdressing"
or
"hairdressing" means the arranging, dressing, curling,
waving, permanent waving,
cleansing, bleaching or coloring of the
hair, fitting and dressing of wigs and
hair pieces on or off the head other than
incident to original retail sales, or
doing similar work thereon by use of the
hands or any method of mechanical application or appliances or the practice of
haircutting;
(2)
nHairdresser" means any
person,
firm or corporation who engages in the
practice of hairdressing;
(3)
"Practice of beauty culture" or
"beauty culture" means the
massaging,
cleansing, stimulating, manipulating, exercising or beautifying of the scalp,
face, arms,
bust or upper part of the
body, or doing similar work thereon with
the
hands or with any mechanical or
electrical apparatus or appliances, or by
the use of cosmetic preparations, antiseptic tonics, lotions, creams, similar preparations or compounds, and manicuring the
nails or removing superfluous hair or the
practice of haircutting on persons;
J
COSMETOLOGY
18.18.040
--------------------------------------------------------------------------------------(4)
"Beauty culturist" means any person, firm,
or corporation who engages in
the practice of beauty culture;
(5)
A "student" is any person of the
age of seventeen or over who has graduated
from an accredited high school, or has an
equivalent education as determined by the
director
whose determination shall be
conclusive, who attends a duly licensed
beauty school, and who does not receive
any wage or commission:
PROVIDED, That
the amendments to this subdivision shall
not apply to any person attending as a
student prior to the effective date of
this amendatory section;
(6)
An "operator" is a person of the
age of eighteen years or over, who has
been licensed to practice hairdressing and
beauty culture under the direct supervision and direction of a manager operator;
(7)
A "manager operator" is any person
having practiced as an operator under the
supervision of a manager operator for at
least one year:
(8)
A 11 shop 11 is any building or structure, or any part thereof, other than a
school, wherein the practice of hairdressing and beauty culture is conducted;
(9) A "school" is an institution of
learning devoted exclusively to the instruction and training of students in the
practice
of
hairdressing
and beauty
culture;
(10)
An "instructor operator" is a person who gives instruction in the practice
of hairdressing and beauty culture in a
school and who has the qualifications of a
manager operator and who has passed an
instructor examination:
PROVIDED, That
the provisions of this subdivision shall
not apply to any person acting as an
instructor operator on March 16, 1951. An
instructor operator shall not perform in a
beauty school, beauty culture services for
members of the public except for instructional purposes;
(11)
"Director" means the director of
the department of motor vehicles;
(12)
"Committee" means the beauty culture examining committee;
(13)
"Board" means the hearing board.
(1973 1st ex.s. c 154 § 21; 1965 ex.s. c 3
§ 1; 1959 c 324 § 1; 1955 c 313 § 1;
1951
c 180 § 1; 1937 c 215 § 2; 1927 c 281 § 2;
RRS § 8278-2. ]
§.~g£a!lili!.Y=--197} .1§.!. g,h§..!.. £ 154.:_
note following RCW 2.12.030.
see
Reviser's note:
RCW
18.18.010
was
amended-twice-during the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
18.18.020
DIRECTOR--DUTIES.
The director of motor-vehicles-shall, in addition to other duties imposed by law, adopt
rules for carrying out the provisions of
1973 RCW SUPP.
this chapter and conducting examinations
of applicants for licenses; for governing
the recognition of, and the credits to be
given to, the study of hairdressing and
cosmetology under a hairdresser and cosmetologist or any school of hairdressing and
cosmetology licensed under the laws of
another state, territory or the District
of Columbia, and shall, subject to the
approval of the state board of health,
promulgate rules for the prevention of
infectious or contagious diseases in hairdressing
and
cosmetology
shops
and
schools, and shall furnish to each person,
firm or corporation licensed under this
chapter a copy of such rules; shall hold
examinations of all applicants for
a
license under this chapter, and grant
licenses to those qualified. The director
of motor vehicles shall keep all examination papers on file for at least one year,
which file shall be open to the inspection
of the applicant or his agent. [1973 1st
ex.s. c
148 § 17; 1937 c 215 § 8; RRS §
8278-8. J
18.18.030
1JCE~IN~=-R~QUI£~Q.!..
It
shall be unlawful for any person, firm or
corporation to engage in the practice of
hairdressing and cosmetology, or the practice of manicuring, for compensation, or
hold himself or itself out as qualified to
engage in the practice of, or solicit the
practice of, hairdressing and cosmetology,
or the practice of manicuring, or to own,
manage, conduct, or give instruction in a
hairdressing
and
cosmetology shop or
school unless licensed to do so as in this
chapter provided.
Every hairdressing and cosmetology establishment for the teaching of any branch
thereof shall be classified as a school of
hairdressing and cosmetology within the
meaning of this chapter, and shall be
required to comply with its provisions.
[1973 1st ex.s. c 148 § 18; 1965 ex.s. c 3
§ 2; 1937 c 215 § 1; RRS § 8278-1.
Prior:
1927 c 281 § 1.]
18.18.040
LICENSING~-EXEMPTIONS.
Nothing in thisChaptershall-prohlbit any
person authorized under the laws of this
state to practice medicine, surgery, or
dentistry from engaging in the practice
for which they are licensed; nor require a
license under this chapter for any barber
from performing any service for which he
may be licensed; nor prohibit manicuring
in barber shops when performed by
a
manicurist licensed under the provisions
of this chapter; but the provisions hereof
shall not be construed to authorize any
person other than a student or person
licensed under this chapter to do permanent, or temporary waving of the hair.
This chapter shall not apply to persons
engaged in the care or treatment
of
patients in health facilities or engaged
in the care of residents of boarding homes
and similar residential care facilities.
[ 75 ]
18.18.040
BUSINESSES AND PROFESSIONS
--------------------------------------------------------------------------------------[1973 1st ex.s. c 148 § 19; 1937 c 215 §
18; RRS § 8278-18. Prior: 1927 c 281 §
16. )
18.18.050
OPERATOR'S LIC~N~~~ An operator's license-shall- be issued to a
student who: (1) Is of the age of eighteen
years or over;
(2)
is of good moral
character and temp~rate habits; (3) has
graduated from an accredited high school
or the equivalent thereof as determined by
the director whose determination shall be
conclusive: PROVIDED, That this subdivision shall not apply to those holding a
valid operator's license or attending a
recognized cosmetology school prior to the
effective date of this amendatory section
but such persons shall be subject to the
law in existence prior to the effective
date of this amendatory section; (4) is a
citizen of the United States or declared
his intention to become a citizen; (5) has
completed a course of training of not less
than two thousand hours in a recognized
cosmetology school, such training not to
exceed eight hours in any one day; and (6)
who has satisfactorily passed the hairdressing and cosmetology examination in
this state.
[1973 1st ex.s. c 148 § 21;
1959 c 324 § 3; 1957 c 52 § 3; 1951 c 180
§ 2.
Prior:
1937 c 215 § 3(a); RRS §
8278-3(a).)
18.18.065
SHOP
OR SCHOOL LOCATION LI-
CENSE--APPLICAT!QN--!SsUANcE: -It-shall-be
unlaw£u1-for-any-person:-£Iri, or corporation to operate a cosmetology shop or a
cosmetology
school without a shop or
school location license for each cosmetology shop or cosmetology school. Application therefor shall be made on forms
furnished by the director and shall contain such information as the director may
reasonably require. Upon receipt of such
application and the fee required by this
chapter, the director shall issue a location license if such shop or school meets
the other requirements of this chapter.
[1973 1st ex.s. c 148 § 22; 1965 ex.s. c 3
§ 3; 1959 c 324 § 2.]
18.18.090
!ggbi~!IIQN~==f~~~~
Each
application shall be accompanied by the
following fees: Student enrollment, five
dollars; manicurist, seven dollars and
fifty cents;
operator, ten dollars; instructor operator, fifteen dollars; manager operator, five dollars; shop, twentyfive dollars; school,
one hundred fifty
dollars.
Any applicant who fails to pass
the examination may ~ake the next succeeding examination with payment of an additional fee of seven dollars and fifty
cents.
(1973 1st ex.s. c 148 § 23; 1965
ex.s. c 3 § 6; 1959 c 324 § 4; 1955 c 313
§ 3;
1951 c 18C § 5. Prior:
(i) 1937 c
215 § 10 (a); RFS § 8278-10 (a).
(ii)
1937
c 215 § 12(h); RRS § 8276-12(h).)
18.18.100
~Y~I
EXAMINING COMMITTEE--TO
~X!HIN!IIONS-;QQALiflCAIIQ~~:-
~QN~
All
examinations for license shall be conducted and given by the examining committee
under the supervision and direction of the
director of motor vehicles, in the manner
provided by law.
No person shall, however,
be appointed as a member of an
examining committee for the purpose of
conducting
examinations and performing
other duties imposed by this
chapter
unless he is an operator and of the age of
at least twenty-five years, has the qualifications of an instructor, has been a
citizen of the state for at least three
years immediately prior to his appointment, has been engaged in actual practice
as a hairdresser, cosmetologist, or instructor for at least five years, is not
connected directly or indirectly with any
school of hairdressing and cosmetology,
and is not connected directly or indirectly in the business of the manufacturing,
renting or selling of hairdressing or
cosmetology appliances and supplies at
wholesale.
( 1973 1st ex.s. c 148 § 24;
1965 ex.s. c 3 § 1; 1937 c 215 § 7; RRS §
8278-7. Prior: 1927 c 281 § 11.]
18.18.110
~XAMINATIQN~==§QBJ~f1~=-CQN~
DDCT. All examinations for licenses shall
be-conducted six times a year, an examination to be given once every two months.
The examination shall consist of written
and oral questions and answers and practical tests.
Written examinations shall
cover each of the branches of hairdressing
and cosmetology required in the course of
study.
Practical tests shall consist of actual
demonstrations in hairdressing and cosmetology under the direction and supervision
of the committee.
Applicants shall also be required to
pass an examination in anatomy, physiology, hygiene, sanitation, sterilization and
the use of antiseptics in hairdressing and
cosmetology.
Passing grades shall be based upon the
standard of one hundred percent.
An applicant
who receives a passing
grade of not less than seventy-five percent in each branch, and in addition
thereto passes the required examination in
anatomy, physiology, hygiene, sanitation,
sterilization and the use of antiseptics,
shall be entitled to a license as an
operator.
An instructor's examination shall consist of a lesson plan and a demonstration
in the art of teaching at least two
subjects of the cosmetology law.
(1973
1st ex.s. c 148 § 25; 1965 ex.s. c 3 § 9;
1955 c 313 § 4. Prior: 1937 c 215 § 12;
RRS § 8278-12.)
18.18.140
LICENSES--RENEWAL--FEES.
Licenses may be-renewed~rom-year-to-year
upon the payment on or before the first
day of each July following their issuance,
[ 76 1
18.18.270
COSMETOLOGY
--------------------------------------------------------------------------------------of a renewal fee as follows:
Manicurist,
not more than five dollars; operator, not
more than five dollars; instructor operator, not more than six dollars; manager
operator, not more than six dollars; shop,
not more than seven dollars; school, not
more than one hundred and fifty dollars,
all such fees to be determined by the
director as provided in RCW 43.24.085.
A certificate of health is required with
an application for an original license,
one must also be filed with a renewal
application.
Any manicurist, operator, manager operator, or instructor operator whose license
has lapsed may have the same renewed upon
payment of all fees which the applicant
would have been required to pay to keep
such license in effect, and an additional
fee of five dollars for each lapsed year:
PROVIDED, That any person whose license
has lapsed for more than three years shall
be reexamined, as in the case of any
applicant for an original license. [1973
1st ex.s. c 148 § 27; 1971 ex.s. c 266 §
3; 1965 ex.s. c 3 § 11; 1959 c 324 § 5;
1955 c 313 § 6; 1951 c 180 § 7.
Prior:
(i)
1937 c 215 § 10 (b); RRS § 8278-10
(b).
(ii) 1937 c 215 § 11;
RRS § 827811. ]
18.18.190
~£nQQ1~==£Q~~~E~ Qf 1!~TR~£=
TIGN.
The courses of instruction in
theory and practical application in every
school
shall
comprise
at least the
following:
(1)
Shampooing, soap and dry;
(2)
care of the face and massaging,
including make up and care of eyebrows and
lashes;
(3) Care of the scalp and massaging,
rinses and packs;
(4)
Hair coloring and bleaching;
(5)
Cold permanent waving;
(6)
Iron curling or waving;
(7)
Finger waving;
(8)
Hair
fashioning,
shaping
and
cutting;
(9)
Manicuring;
(10)
Electricity as applied to cosmetology, and the use and application of
electrical appliances;
(11)
The study of the law on cosmetology of the state of washington;
(12)
Shop management,
ownership, and
business ethics.
(13)
Theory and science of cosmetology.
[1973 1st ex.s. c 148 § 26; 1965 ex.s. c 3
§ 12;
1957 c 52 § 9; 1951 c 180 § 8.
Prior: 1931 c 215 § 3 (f); RRS § 8278-3
(f) • )
case the record of conviction shall be
conclusive evidence;
(2)
Habitual drunkenness or the use of
habit forming drugs;
(3)
Gross incompetency;
(4)
Advertising in any manner by means
of
knowingly
false
or
deceptive
statements;
(5)
Performing work authorized by said
license in an unsanitary or filthy manner;
(6)
Performing either the practice of
hairdressing and cosmetology or the practice of manicuring upon the the person of
another while knowingly suffering from an
infectious or contagious disease;
(7)
Wilful violation of any of the
provisions of this chapter;
(8)
Failure to pay an operator the
minimum wage required by law.
[1973 1st
ex.s. c 148 § 28; 1959 c 324 § 8; 1937 c
215 § 15; RRS § 8278-15.
Prior:
1927 c
281 § 14. ]
18.18.260
UNLAWFUL PRACTICES AND OMISSIONS.
No person--sha11--engage--in-the
practice of hairdressing, and cosmetology
in any place other than a hairdressing and
cosmetology shop or school, except in case
of his own family or in case of a person
whose physical condition prevents
his
presence at a shop or school.
No person shall sleep in, or use for
residential purposes, any room used wholly
or in part as a hairdressing and cosmetology shop, nor engage in hairdressing and
cosmetology in any room used for sleeping
or residential purposes.
Every hairdressing and cosmetology shop
shall maintain an outside entrance separate from the entrances to rooms used for
sleeping or residential purposes.
From and after July 1, 1959 every hairdressing and cosmetology shop shall provide and maintain for the use of the
customers adequate toilet facilities.
No hairdressing or
cosmetology
shop
shall be operated unless it is under the
direct supervision of a manager operator.
No person other than a manicurist limited to the practice of manicuring or an
operator in demonstrating, or instructing
in the use of any cosmetics or supplies of
any kind, shall engage in any of the acts
enumerated in RCW 18.18.010 and 18.18.190.
No student shall engage in the practice
of hairdressing and cosmetology except in
a school under the direct supervision of
an instructor.
(1973 1st ex.s. c
148 §
29;
1965 ex.s. c 3 § 17; 1959 c 324 § 9;
1957 c 52 § 11. Prior: 1937 c 215 § 17
(a) ,
(d) •
(e) ,
(f) ;RR s § 8 2 7 8 -17 (a) ,
(d),
(e),
(f).]
18.18.220
E]YQ~ATIQ!
OF
~1~!SES==
Any license issued pursuant to
this chapter may be revoked for any of the
following causes arising after the issuance thereof:
(1)
Conviction of a felony or misdemeanor involving moral turpitude, in which
18.18.270
VIOLATIONS--PENALTIES.
Every person shall be guilty -ofaiiiTsdemeanor who: (1) Violates any of the provisions
of this chapter or any regulation lawfully
promulgated
by the director;
or,
(2)
permits any person in his employ or under
his supervision or control to practice
1 97 3 RCW SUPP.
]
§ROUNDS~
[ 77
18.18.2?0
BUSINESSES AND PROFESSIONS
------------------------------------------------------------hairdressing and cosmetology without a
license where one is required by this
chapter; or,
(3)
attempts to obtain a
license by fraudulent
means.
Each and
every day on which such violation occurs
shall
constitute
a separate offense.
(1973 1st ex.s. c 148 § 30; 1957 c 52 §
12.
Prior:
1937 c 215 § 17(i); RRS §
8278-17(i).]
18.18.300
~ANICURING--LICENSE
RE-
~UIB~Q==~!~~£TIQ~==A£~~1~AT1QM==~XAMI!!=-­
TIO!~~
Within ninety days after July 16,
1973 the examining committee,
under the
supervision and direction of the director
of motor vehicles, shall devise the qualifications necessary for and an examination
for the practice of manicuring, for which
a separate license shall hereafter be
required under this chapter,
except for
persons holding a valid license in the
practice of beauty culture:
PROVIDED,
That any person engaged in the practice of
manicuring for at least one year prior to
July 16,
1973 shall be deemed qualified
for such a license without an examination
therefor.
Applications for licenses shall
be made on such form and requir~ such
information and certificates, as required
by the examining committee and be accompanied by the proper application fee.
Examinations shall
be
held
at
regular
intervals
throughout the year as the
examining committee deems necessary.
The
provisions of RCW 18.18.110 shall not be
applicable hereto. (1973 1st ex.s. c
148
§ 20. ]
Chapter 18.22
PODIATRY
(FORMERLY: CHIROPODY)
18.22.010
DEFINITIONS.
The practice
of podiatry means~he--diagnosis and the
medical,
surgical,
mechanical, manipulative, and electrical treatments of ailments of the human foot.
A podiatrist is
a podiatric physician and surgeon of the
foot licensed to treat ailments of the
foot, except for;
(1)
Amputation of the foot; and
(2)
The administration of a spinal anesthetic or any anesthetic, which renders
the patient unconscious, or the administration and prescription of drugs including narcotics,
other than required to
perform the services authorized for the
treatment of the feet; and
(3)
Treatment of systemic conditions.
( 1973 c 77 § 1; 19'55 c 149 § 1; 1941 c 31
§ 1;
1921 c 12(' § 1; 1917 c 38 § 1; Rem.
Supp. 1941 § 10074.]
18.22.020
LICENSING
REQQ!B~~
It
shall
be unlaw~~or any person to
practice podiatry in this state unless he
first has obtained a license therefor.
[ 78
(1973 c 77 § 2; 1957 c 52 § 13.
Prior:
1917 c 38 § 2, part; RRS § 10075, part.]
18.22.030
LICE!~INQ=-EX~~I!QN~~
Nothing in this chapter contained shall be
construed as preventing any licensed phys~c~an,
surgeon, osteopath, chiropractor,
or other person licensed to treat the sick
and afflicted, from treating the hands or
feet by the methods and means permitted by
his license, nor to prevent the domestic
administration of family remedies,
nor
shall this chapter be construed to discriminate against any particular school of
medicine or surgery or osteopathy and
surgery, or any chiropractic school, or
any licensed system or mode of treating
the sick or afflicted, or to interfere in
any way with the practice of religion:
PROVIDED, That nothing herein shall be
held to apply to or to regulate any kind
of treatment by prayer.
[1973 c 77 § 3;
1917 c 38 § 18; RRS § 10091.]
18.22.040
APPLICANTS--ELIGIBILITY.
Before any personshallbe permitted to
take an examination for the issuance of a
podiatry license, he shall furnish the
director of motor vehicles with satisfactory proof that:
(1)
He is eighteen years of age or
over;
(2)
He is of good moral character; and
(3)
He has received a diploma or certificate of graduation from a legally
incorporated,
regularly established and
recognized school of podiatry having as a
minimum requirement not less than four
thousand two hundred sixteen scholastic
hours given over a period of four years
with personal attendance.
"Recognized" means official recognition
by the Council of Education of the
American Podiatry Association:
PROVIDED, That
each applicant, prior to the beginning of
his course in podiatry or registration or
matriculation in a
recognized school of
podiatry, must have as a minimum requirement, a four years• course in a high
school or its equivalent and the successful compl~tion of a two years• residence
course of work of college grade leading
toward the degree of bachelor of science.
[1973 c 77 § 4; 1971 ex.s. c 292 § 19;
1955 c 149 § 2; 1935 c 48 § 3; 1921 c 120
§ 3; 1917 c 38 § 6; RRS § 10079.]
18.22.050
APPLICANTS--EDUCATIONAL
QQ!~rrrcATroH~~~pplicants-for-a-certifi­
cate to practice podiatry shall
file
satisfactory evidence of having pursued in
any recognized legally chartered school of
podiatry, a course of instruction covering
a total of at least four thousand two
hundred sixteen scholastic hours, including those subjects that appear on the
examinations administered by the national
board of podiatry examiners.
[1973 c 77 §
5; 1955 c 149 § 4.
Prior:
1935 c 48 § 1,
]
PODIATRY
18.22.140
--------------------------------------------------------------------------------------part; 1921 c 120 § 2, part; 1917 c 38 § 4,
part; RRS § 10077, part.]
18.22.060
!~~1I~~IION
I~~==R~~X!~IB!=
Every applicant for a license to
practice podiatry shall pay to the state
treasurer a fee of fifty dollars.
An applicant who fails to pass an examination satisfactorily after the expiration
of six months from the date of
the
examination at which he failed, is entitled to a reexamination at a meeting
called for the examination of applicants,
upon the payment of a fee of twenty-five
dollars for each reexamination. [1973 c
77 § 6; 1965 c 97 § 1; 1957 c 52 § 14.
Prior:
(i) 1921 c 120 § 5; 1917 c 38 § 9;
RRS § 10082.
(ii) 1921 c 120 § 4; 1917 c
38 § 7; RRS § 10080.]
!IQB~
18.22.070
~X!niHAIIQN~
Examinations
shall be conducted by an examining committee and shall be written and clinical.
The minimum requirement for licensing of
applicants under this chapter shall be
based upon a general average of seventyfive percent of all the subjects involved,
taken collectively, and not less than
seventy percent in any one subject. [1973
c 77 § 7;
1955 c 149 § 5. Prior:
(i)
1935 c 48 § 1, part; 1917 c 38 § 4,
part;
RRS § 10077, part.
(ii) 1917 c 38 § 8;
RRS § 10081.]
18.22.081
LICENSE--RECIPROCITY
~lin
Q!ti~B 2I!I~2~ -Any-applicant-who-has been
examined and licensed under the laws of
another state, which through a reciprocity
provision in its laws, similarly accredits
the holders of certificates from
the
proper authorities of this state to the
full privileges of practice within its
borders or an applicant who has satisfactorily passed examinations given by the
national board of podiatry examiners, may,
in the discretion of the examining committee be granted a license without examination on the payment of a fee of fifty
dollars to the state treasurer:
PROVIDED,
That he has not previously failed to pass
an examination held in this state. If the
applicant was licensed in another state,
he must file with the director of licenses
a copy of his license certified by the
proper authorities of the issuing state to
be a full and true copy thereof, and must
show that the standards, eligibility requirements and examinations of that state
are at least equal in all respects to
those of this state. [1973 c 77 § 8; 1965
c 97 § 3. ]
18.22.120
LICENSE--ANNUAL
RENEWAL-I~~~
Every person--practi~ing ~poaiatry
must renew his license each year and pay a
renewal fee of not more than twenty-five
dollars to be determined by the director
as provided in RCW 43.24.085.
Any podiatry license that has been allowed to lapse may be renewed by presentation of a new character certificate as
required for examination, together with
the payment of the annual license fee.
[1973 c 77 § 10; 1971 ex~s. c 266 § 4;
1965 c 97 § 2; 1955 c 149 § 6.
Prior:
(i)
1921 c 120 § 5, part; 1917 c 38 § 9,
part; RRS § 10082, part.
(ii) 1921 c
120
§ 9; RRS § 10C96.]
18.22.130
RECORD Q~ LI£~~~~2~
The
director shaly--keep 1n a book kept for
that purpose, a record showing the name,
age, place of residence, the time spent in
the study and practice of podiatry, the
time spent in schools of podiatry, and the
date of graduation therefrom and
the
degree if any, and the date and number of
the license issued to such applicant, and
whether
the same was issued upon or
without examination; and the copy of such
record certified by the director shall be
prima facie evidence of the facts therein
stated in all courts and all actions and
proceedings where proof of such facts is
competent.
(1973 c 77 § 11; 1917 c 38 §
5; RRS § 10078.]
18.22.110
LICENSE--DISPLAY.
Every
holder of a -podiatry-license shall keep
his license on exhibition in a conspicuous
place in his office or place of business.
[1973 c 77 § 9; 1957 c 52 § 15.
Prior:
1917 c 38 § 2, part; RRS § 10075, part.]
18.22.140
UNPROFESSIONAL CONDUCT--PENIt shall-be-unlawful-for-any-person
holding a license to practice podiatry to:
(1)
Practice podiatry under any name,
except his own, which shall be that used
in his license issued by the director; or
(2)
Conduct an office for the practice
of podiatry in his name or use his name in
connection with any office for the practice of podiatry, unless he is personally
present therein operating as a podiatrist
or personally overseeing the operations
performed in any office during most of the
time that that office is being operated;
or
(3)
Employ a solicitor or solicitors to
obtain business; or
(4)
Prepare, cause to be prepared, use,
or participate in the use of, any form of
public communication that contains professionally self-laudatory statements calculated to attract patients; as used herein,
11 public
communications" includes, but is
not limited to, communications by means of
television, radio, motion picture, newspaper, magazine, or book; or
(5)
Hold out to treat successfully or
cure all ailments of the foot or leg or
any which are manifestly incur~ble; or
(6}
Advertise in newspapers,
periodicals, or in bold face type or in any
printed matter or by the use of any form
of display sign or by means of hand bills,
posters, circulars, stereoptican slide,
motion pictures, radio, television or any
1973 RCW SUPP.
]
( 79
ALI!~
18.22.140
BUSINESSES AND PROFESSIONS
--------------------------------------------------------------------------------------printed publication or medium:
PROVIDED,
HOWEVER, That he may be listed in any
directory in a manner uniform as to type,
size and color with others listed therein,
may display a dignified sign at
the
entrance to his office or on the windows
thereof, containing his name, degree,
the
designation podiatrist and/or podiatric
medicine and surgery and/or
podiatric
medicine and/or treatment of the foot,
and, if he is practicing podiatry through
a professional corporation, an appropriate
indication of the fact (on his office door
and business card, as well), and may use
dignified business cards containing his
name,
title, degree, office and residence
address and telephone numbers and his
office hours; or
(7)
Obtain any fee by fraud or misrepresentation; or
(8)
Wilfully
betray
professional
secrets; or
(9)
Directly or indirectly employ any
person
unlicensed as a podiatrist to
perform operations of any kind, except
dressing following an operation; or
(10)
Adopt any means tending to deceive
the public or to be habitually intemperate
or grossly immoral,
or to commit any
offense
involving moral turpitude, in
which case the record of conviction thereof shall be conclusive evidence; or
(11)
Obtain by fraud or deceit a license to practice podiatry; or
(12)
Use or prescribe for use narcotics
in any other way than for therapeutic
purposes; or
(13)
Offer, undertake or agree to cure
any disease or pathological condition of
the foot by a secret method, procedure,
treatment, or medicine, or to
treat,
operate,
or prescribe for any such condition by a method, means or procedure which
the license holder refuses to divulge upon
demand of the director of licenses; or
(14)
Be guilty of unprofessional conduct as defined in any other act relating
to the practice of podiatry.
Any violation of the provisions of this
section shall constitute improper, unprofessional and dishonorable conduct; it
shall also constitute grounds for injunction proceedings to prevent a continuance
of the same, and in addition shall constitute a gross misdemeanor.
[1973 c 77 §
12;
1955 c 149 § 8.
Prior:
1917 c 38 §
13, part; RRS § 10086, part.]
18.22.150
REVOCATION OR SUSPENSION OF
~1£EN§~gRQ~ND~ FOR.--Upon-proof tha~the
holder of a podiatry license:
(1)
Has been convicted of the violation
of any of the provisions of this chapter
or of any crime involving moral turpitude;
or
(2)
Procured his license by fraud or
deceit either in the presentation of any
false statement as to his qualifications
or in his examination; or
{3)
Is guilty of unprofessional conduct
or inefficiency in the practice of his
[ 80
profession; the director may revoke his
license or suspend it for a period not to
exceed six months.
[1973 c 77 § 13;
1955
c 149 § 9.
Prior: {i) 1917 c 38 § 13,
part; RRS § 10086, part.
(ii) 1921 c
120
§ 8; RRS § 10095.]
18.22.160
R~fY§!~L R~YQ£ATIQ~ QR
§~§=
PENSION OF LICENSE--PROCEDURE.
If the
airector -refu;es-~o--grant--a- podiatry
license or revokes or suspends one, he
shall file in the records of his office a
concise
statement of the grounds and
reasons for his refusal,
revocation or
suspension. This statement, together with
his decision in writing,
shall remain a
permanent record. [1973 c 77 § 14; 1957 c
1917 c 38 § 14,
part;
52 § 17. Prior:
RRS § 10087, part. ]
PRESCRIPTIONS.
Podiatrists
18.22.185
may
issue prescriptions-valid at any
pharmacy for any drug necessary in the
[1973 c 77 § 15;
practice of podiatry.
1955 c 149 § 11. ]
18.22.200
UNLA!rUL
PRACTICES.
It
shall be unlawful for any person~-licensed
to practice podiatry under the provisions
of this chapter to use, advertise or
display the title "doctor" or its synonyms
independent of the title "podiatrist" or
its synonyms, and it shall be unlawful for
any person to exhibit as his own any
license that has not been issued to him.
[1973 c 77 § 16; 1917 c 38 § 16;
RRS §
10089.]
18.22.210
QMb!~fY1
EB!£Ilf~==~YIDEN£~
It shall be deemed prima facie
evidence o£ the practice of podiatry or as
holding himself out as a practitioner of
podiatry within the meaning of this chapter for any person to treat in any manner
the human foot
by medical, surgical or
mechanical means or appliances, or to use
the title "podiatrist" or any other words
or letters which designate or tend to
designate to the public that the person so
treating or holding himself out to treat,
is a podiatrist:
PROVIDED, HOWEVER, That
nothing herein contained shall prohibit a
duly licensed physician or surgeon from
treating the human foot by medical, surgical or mechanical means or appliances.
[ 1973 c 77 § 17; 1935 c 48 § 4; 1921 c 120
§ 6; 1917 c 38 § 10; RRS § 10083.)
Qf~
18.22.215
INJUNCTIONS.
If any person
engages in the-practice-Of podiatry without possessing a valid license so to do,
or if he violates the prov1s1ons of RCW
18.22.140, the attorney general, any prosecuting attorney. the director,
or any
citizen of the same county may maintain an
action in the name of the state to enjoin
such person from engaging in the practice
)
REGISTRATION OF CONTRACTORS
18.27.030
--------------------------------------------------------------------------------------of podiatry.
The injunction shall not
relieve from criminal prosecution, but the
remedy by injunction shall be in addition
to the liability of such offender to
criminal prosecution and to suspension or
revocation of his license. (1973 c 77 §
18; 1955 c 149 § 14.]
18.22.230
~X~MPliQB~
The following
practices, acts and operations are excepted from the operation of the provisions of
this chapter:
(1)
The practice of podiatry in the
discharge of official duties by podiatrists in the United States armed forces,
public health service, Veterans Bureau or
Bureau of Indian Affairs;
(2)
Recognized schools of podiatry or
colleges of podiatry, and the practice of
podiatry by students in such recognized
schools or colleges, when acting under the
direction and supervision of registered
and
licensed
podiatrists
acting
as
instructors;
(3)
The practice of podiatry by licensed podiatrists of other states or
countries while appearing as clinicians at
meetings of the Washington state podiatry
association or component parts thereof, or
at meetings sanctioned by them;
(4) The use of roentgen and other rays
for making radiograms or similar records
of the feet or portions thereof~ under the
supervision of a licenseo podiatrist or
physician.
(5)
The
practice
of
podiatry
by
externs, interns, and residents in training programs approved by the American
Podiatry Association.
[1973 c 77 § 19;
1955 c 149 § 12.]
submits a bid to, construct, alter, repair, add to, subtract from,
improve,
move, wreck or demolish, for another, any
building, highway, road, railroad, excavation or other structure, project, development, or improvement attached to real
estate or to do any part thereof including
the installation of carpeting or other
floor covering, the erection of scaffolding
or other structures or works in
connection therewith or who installs or
repairs roofing or siding; or, who, to do
similar work upon his own property, employs members of more than one trade upon
a single job or project or under a single
building permit except as otherwise provided herein.
A "general contractor" is a
contractor whose business operations require the use of more than two unrelated
building trades or crafts whose work the
contractor shall superintend or do in
whole
or in part; the term "general
contractor" shall not include an individual who does all work personally without
employees or other "specialty contractors"
as defined herein.
The terms "general
contractor" and "builder" are synonymous.
A
"specialty contractor" is a contractor
whose operations as such do not fall
within the foregoing definition of "general contractor".
"Department" as used in this chapter
means the
department
of
labor
and
industries.
"Director" as used in this chapter means
the director of the department of labor
and industries. [1973 1st ex.s. 153 § 1;
1972 ex.s. c 118 § 1; 1967 c 126 § 5; 1963
c77§1.]
18.27.010
DEFINITIONS. A "contractor"
as used in this -chapter is any person,
firm or corporation who or which,
in the
pursuit of an independent business undertakes to, or offers to undertake, or
18.27.020
E~GISTRAliQ! B~QYIB~]==R~SI~
l!]B2l!J.PS .L J.QIBl VE]!!l1~~2==R~ N A1!I~~~
{1)
It shall be unlawful for any person to
submit any bid or do any work as a
contractor until such person shall have
been issued a certificate of registration
by the state department of labor and
industries.
A partnership or joint venture shall be deemed registered if any one
of the general partners or venturers whose
name appears in the name under which the
partnership or venture does business shall
be registered.
A violation of this section shall be a misdemeanor •
(2) In addition to any criminal penalties which may be imposed under
the
provisions
of subsection
(1)
of this
section, any person who is found to be in
violation of this section by the director
at a hearing held in accordance with the
Administrative Procedure Act, chapter 34.04 RCW, shall be required to pay a late
registration penalty of not more than one
hundred dollars, such amount to be set by
the director, in addition to the registration fee provided in RCW 18.27.070, as now
or hereafter amended. (1973 1st ex.s. c
153 § 2; 1963 c 77 § 2.]
1 97 3 RCW SUPP.
]
18.22.930
g~~~Q]~ LICENSED UNDER PRIOR
tAW~
Nothing contained--in -this -1973
amendatory act shall be construed
to
require any person who has held a valid
chiropody license of this state prior to
June 7, 1973 to meet any further eligibility or examination requirements for a
podiatry license.
(1973 c 77 § 28.]
Reviser's note:
"this 1973 amendatory
actlt-refers -to--RCW 18.22.010-18.22.160,
18.22.185, 18.22.200-18.22.215, 18.22.230,
18.57A.060, 18.71A.060, 43.74.010, 43.74• 037,
43.74.040, 43.74.080, 43.74.085,
70.98.170, as those sections were amended
by 1973 c 77.
Chapter 18.27
REGISTRATION OF CONTRACTORS
[ 81
18.27.030
BUSINESSES AND PROFESSIONS
---------------------------------------------------------------------------~----------
18.27.030
APPLICATION FOR
REGISTRATIO~
An applican~for-registration-as-a
contractor shall submit an application
under oath upon a form to be prescribed by
the director and which shall include the
following information pertaining to the
applicant:
(1) Employer social security number.
(2) Industrial insurance number.
(3) Employment
security
department
number.
(4) State
excise
tax
registration
number.
(5) Type of contracting activity, whether a general or a specialty contractor and
if the latter, the type of specialty.
(6) The name and address of each partner
if the applicant be a firm or partnership,
or the name and address of the owner if
the applicant be an individual proprietorship, or the name and address of the
corporate officers and statutory agent, if
any, if the applicant be a corporation.
The information contained in such application shall be a matter of public record
and open to public inspection.
[1973 1st
e:x.s. c 153 § 3; 1963 c 77 § 3.]
18.27.040
~ONQ
QR Q!li~R ~~£URI!! R~=
QQIR~~A~IQ~
AQAIN~!==§Q~E~NSIQN
Ql
B~I~TRA!lQ] ~fON IMP!IRMEN!~
Each applicant shall, at the time of applying for a
certificate of registration, file with the
department a surety bond issued by a
surety insurer who meets the requirements
of chapter 48.28 RCW in a form acceptable
to the department running to the state of
washington if a general c6ntractor, in the
sum of two thousand dollars; if a specialty contractor, in the sum of one thousand
dollars, conditioned that the applicant
will pay all persons performing labor,
including employee benefits, for the contractor, will pay all taxes and contributions due to the state of Washington, and
will pay all persons furnishing labor or
material or renting or supplying equipment
to the contractor and will pay all amounts
that may be adjudged against the contractor by reason of negligent or improper
work or breach of contract in the conduct
of the contracting business.
Any person
having a claim against the contractor for
any of the items referred to in this
section may bring suit upon such bond in
the superior court of the county in which
the work is done or of any county in which
jurisdiction of the contractor may be had.
Action upon such bond or deposit shall be
commenced by serving and filing of the
complaint within one year from the date of
expiration of the certificate of registration in force at the time the claimed
labor was performed and benefits accrued,
taxes and contributions owing the state of
washington became due,
materials
and
equipment were furnished, or the claimed
contract work was completed. Three copies
of
the complaint shall be served by
registered or certified mail upon the
departaent at the time suit is started and
[ 82
the department shall maintain a record,
available for public inspection, of all
suits so commenced.
Such service shall
constitute service on the registrant and
the surety for suit upon the bond and the
department shall transmit the complaint or
a copy thereof to the registrant at the
address listed in his application and to
the surety within forty-eight hours after
it shall have been received. The surety
upon the bond shall not be liable in an
aggregate amount in excess of the amount
named in the bond. The surety upon the
bond may, upon notice to the department
and the parties, tender to the clerk of
the
court having jurisdiction of the
action an amount equal to the claims
thereunder or the amount of the bond less
the amount of judgments, if any, previously satisfied therefrom and to the extent
of such tender the surety upon the bond
shall be exonerated but if the actions
commenced and pending at any one time
exceed the amount of the bond then unimpaired, claims shall be satisfied from the
bond in the following order:
(1) Labor, including employee benefits;
(2) Claims for breach of contract by a
party to the construction contract;
(3) Material and equipment;
(4) Taxes and contributions due
the
state of Washington;
(S) Any court costs, interest,
and attorney's fees plaintiff may be entitled to
recover.
In the event that any final judgment
shall impair the liability of the surety
upon the bond so furnished that.there
shall not be in effect a bond undertaking
in the full amount prescribed in this
section, the department shall suspend the
registration of such contractor until the
bond liability in the required amount
unimpaired by unsatisfied judgment claims
shall have been furnished.
In lieu of the surety bond required by
this section the contractor may file with
the department a deposit consisting of
cash or other security acceptable to the
department.
Any person having an unsatisfied final
judgment against the registrant for any
items referred to in this section may
execute upon the security held by the
department by serving a certified copy of
the unsatisfied final judgment by registered or certified mail upon the department within one year of the date of entry
of such judgment.
Upon the receipt of
service of such certified copy the department shall pay or order paid from the
deposit,
through the registry of the
superior court which rendered judgment,
towards the amount of the unsatisfied
judgment. The priority of payment by the
department shall be the order of receipt
by the department,
but the department
shall have no liability for payment in
excess of the amount of the deposit.
The director may promulgate rules and
regulations necessary for the proper administration of the security- [1973 1st
]
18.27.090
REGISTRATION OF CONTRACTORS
-------------~-------~----------------------------------------------------------------
ex.s. c 153 § 4; 1972 ex.s. c
118 § 2;
196 7 c 126 § , : 196 3 c 77 § 4. ]
cross Reference:
Unpaid wages by public works contractor
constitute
lien
against
bond:
RCW
39.12.050.
18.27.070
RE§l~!g!IlQ~
AliQ
g~NE~A1
The applicant shall pay to the
director a registration or renewal fee of,
if a general contractor, or if a specialty
contractor, fifteen dollars.
( 1973 1st
ex.s. c 153 § 5; 1967 c 126 § 2; 1963 c 77
§ 7.]
I~~~
18.27.090
~!~~R!IQ~~
J!~
AMENDED BY
J97J ~I Ex~~~ ~ 111 ~ &l~
This--chapter
shall not apply to:
(1) An authorized representative of the
united states government, the state of
washington, or any incorporated
city,
town, county, township,
irrigation district, reclamation district, or
other
municipal
or political corporation or
subdivision of this state;
(2) Officers of a court when they are
acting within the scope of their office;
(3) Public utilities operating under the
regulations of the public service commission
in construction, maintenance, or
development work incidental to their own
business;
(4) Any construction, repair, or operation incidental to the discovering or
producing of petroleum or gas, or the
drilling, testing,
abanconing, or other
operation of any petroleum or gas well or
any surface or underground mine or mineral
deposit when performed by an owner or
lessee;
(5) The sale or ins~allation of any
finished products, materials, or articles
of merchandise which are not actually
fabricated
into and do not become a
permanent fixed part of a structure;
(6) Any construction, alteration,
improvement, or repair of personal property;
(7) Any construction, alteration,
improvement, or repair carried on within the
limits and boundaries of any site or
reservation under the legal jurisdiction
of the federal government;
(8) Any person who only furnished materials,
supplies, or equipment without
fabricating them into, or consuming them
in the performance of, the work of the
contractor;
(9) Any work or operation on one undertaking or project by one or more contracts,
the aggregate contract price of
which for labor and materials and all
other items is less than two hundred fifty
dollars, such work or operations being
considered as of a casual,
minor, or
inconsequential nature.
The
exemption
prescribed in this subsection does not
apply in any instance wherein the work or
construction is only a part of a larger or
major operation, whether undertaken by the
same or a different contractor, or in
1973 RCW SUPP.
[ 83
which a division of the operation is made
into contracts of amounts less than two
hundred fifty dollars for the purpose of
evasion of this chapter or otherwise. The
exemption prescribed in this subsection
does not apply to a person who advertises
or puts out any sign or card or other
device which might indicate to the public
that he is a contractor, or that he is
qualified to engage in the business of
contractor;
(10) Any construction or operation incidental to the construction and repair of
irrigation and drainage ditches of regularly constituted irrigation districts or
reclamation
districts;
or to farming,
dairying, agriculture, viticulture, horticulture, or stock or poultry raising; or
to clearing or other work upon land in
rural districts for fire prevention purposes; except when any of the above work
is performed by a registered contractor;
(11) An owner who contracts for a
project with a registered contractor;
(12) Any person working on his own property. whether occupied by him or not, and
any person working on his
residence,
whether owned by hi~ or not but this
exemption shall not apply to any person
otherwise covered by this chapter who
constructs an improvement on his
own
property with the intention and for the
purpose of selling the improved property;
(13) Owners of commercial properties who
use their own employees to do maintenance,
repair, and alteration work in or upon
th8ir own properties;
{14) A licensed architect or civil or
professional engineer acting solely in his
professional capacity. an electrician licensed under the laws of the state of
Washington, or a plumber licensed under
the laws of the state of Washington or
licensed by a political subdivision of the
state of Washington while operating within
the boundaries of such political subdivision.
The exemption provided in this
subsection is applicable only when the
licensee is operating within the scope of
his license;
(15) Any person who engages in the activities herein regulated as an ~mployee
of a registered contractor with wages as
his sole compensation or as an employee
with wages as his sole compensation;
(16) Contractors on highway projects who
have been prequalified as required by
chapter 13 of the Laws of 1961, RCW
47.28.070, with the highway department to
perform highway construction, reconstruction, or maintenance work.
[1973 1st
ex.s. c
153 § 6;
1967 c 126 § 3; 1965
ex.s. c 170 §50; 1963 c 77 § 9.]
Reviser's note:
RCW
18.27.090
was
the 1973 first extraordinary session of the legislature.
each without reference to the other.
amende~-twice--during
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
]
18.27.090
BUSINESSES AND PROFESSIONS
------------------------------~--------------------------------------------------------
18.27.090
EXEMPTIONS J!2 AMENDED BY
1~r ~x.s~£-1§3-§ 1~ This-chapter
shall not apply to:
( 1)
An authorized represent.ati ve of the
United States government, the state of
washington,
or any incorporated city.
town, county,
township, irrigation district, reclamation district or other municipal or
political
corporation
or
subdivision of this state;
(2)
Officers of a court when they are
acting within the scope of their office;
{3)
Public utilities operating under
the regulations of the public service
commission in construction, maintenance or
development work incidental to their own
business;
(4)
Any construction, repair or operation incidental to the discovering or
producing of petroleum or gas, or the
drilling,
testing,
abandoning or other
operation of any petroleum or gas well or
any surface or underground mine or mineral
deposit when performed by an owner or
lessee;
(5)
The sale or installation of any
finished products, materials or articles
of merchandise which are not actually
fabricated into and do not become
a
permanent fixed part of a structure;
(6)
Any construction, alteration,
improvement or repair of personal property;
(7)
Any construction, alteration,
improvement, or repair carried on within the
limits and boundaries of any site or
reservation under the legal jurisdiction
of the federal government;
(8)
Any person who only furnished materials, supplies or equipment without fabricating them into, or consuming them in
the performance of,
the work of
the
contractor;
(9)
Any work or operation on one undertaking or project by one or more contracts, the aggregate contract price of
which for labor and materials and all
other items is less than two hur.dred fifty
dollars,
such work or operations being
considered as of a casual, minor, or
inconsequential
nature.
Th~
exemption
prescribed in this subsection does not
apply in any instance wherein the work or
construction is only a part of a larger or
major operation, whether undertaken by the
same or a different contractor, or in
which a division of the operation is made
into contracts of amounts less than two
hundred fifty dollars for the purpose of
evasion of this chapter or otherwise. The
exemption prescribed in this subsection
does not apply to a person who advertises
or puts out any sign or card or other
device which might indicate to the public
that he is a contractor, or that be is
qualified to engage in the business of
contractor;
(10)
Any construction or operation incidental to the construction and repair of
irrigation and drainage ditches of regularly constituted irrigation distr~cts or
reclamation districts;
or to
farming,
l97J
( 84
dairying, agriculture, viticulture, horticulture, or stock or poultry raising; or
to clearing or other work upon land in
rural districts for fire prevention purposes; except when any of the above work
is performed by a registered contractor;
(11)
An owner who contracts for a project with a registered contractor;
(12)
Any person working on his own
property. whether occupied by him or not,
and any person working on his residence,
whether owned by him or not but this
exemption shall not apply to any person
otherwise covered by this chapter who
constructs an improvement on his
own
property with the intention and for the
purpose of selling the improved property;
(13)
owners of commercial properties
who use their own employees to do maintenance, repair and alteration work in or
upon their own properties;
(14)
A licensed
architect or civil or
professional engineer acting solely in his
professional capacity, an electrical contractor as licensed under the laws of the
state of washington and chapter 19.28 RCW.
The exemption provided in this subsection
is applicable only when the licensee is
operating within the scope of his license;
(15)
Any person who engages in the
activities herein regulated as an employee
of a registered contractor with wages as
his sole compensation or as an employee
with wages as his sole compensation;
(16)
Con tractors on highway projects
who have been prequalified as required by
chapter 13 of the Laws of 1961, RCW
47.28.070, with the highway department to
perform highway construction, reconstruction or maintenance work. [1973 1st ex.s.
c 161 § 1; 1967 c 126 § 3;
1965 ex.s. c
170 § 50; 1963 c 77 § 9. 1
Reviser's note:
RCW
18.27.090
was
amended-twice-during the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
18.27.120
DE~MENT !Q
£0M~I~~L
~
1IST Q£:. BEGISTEREJ2 £Qli!.li!CTOR~==
AV!I#ABILI!IL FE~ The department shall
annually, starting July 1, 1973, compile a
list of all contractors registered pursuant to the provisions of this chapter and
update such list at least bimonthly.
such
list shall be considered as public record
information and shall be available to the
public upon request:
PROVIDED, That the
department may charge a reasonable reproduction fee.
[1973 1st ex.s. c 153 § 7;
19 7 2 ex. s. c 118 § 5. )
Q!!~
18.27.140
PUBEOS~
Q.t Q!!PT~g.!.. It is
the purpose of this chapter to afford
protection to the public from unreliable,
fraudulent, financially irresponsible, or
]
18.35.060
HEARING AIDS
--------------------------------------------------------------------------------------incompetent contractors.
c 161 § 2.]
(1973 1st
ex.s.
Chapter 18. 35
HEARING AIDS
18.35.010
DEFINITIONS.
As used
in
this chapter,-uniess~he-context requires
otherwise:
(1)
"Department" means the department
of motor vehicles.
(2)
"Council"
means the council on
hearing aids.
(3)
"Hearing aid"
means any wearable
prosthetic instrument or device designed
for or represented as aiding, improving,
compensating for, or correcting defective
human hearing and any parts, attachments,
or accessories of such an instrument or
device,
excluding batteries and cords and
ear molds.
(4)
"Fitting and dispensing of hearing
aids" means the sale, lease, or rental or
attempted sale, lease, or rental of hearing aids together with the selection and
adaptation of hearing aids and the use of
those tests and procedures essential to
the performance of these functions.
It
includes the taking of impressions for ear
molds for these purposes. (1973 1st ex.s.
c 106 § 1. ]
(2)
Has been engaged in the fitting and
dispensing of hearing aids in the state of
washington for a period of six months
immediately prior to July 16, 1973: PROVIDED, That any person receiving a license
under this section shall be required to
complete and pass the examination by the
date on which the names of those persons
who have passed the third examination
subsequent to July 16, 1973 are disclosed
by the department; or
(3)
Holds a current, unsuspended, unrevoked license or certificate from a state
or jurisdiction with whom the department
has entered into a reciprocal agreement.
(1973 1st ex.s. c 106 § 4. J
18.35.050
EXAl'IINAI!ON::-R~Uili~D-=!!!iEN
oFr~li~~
Except as otherwise provided in
this chapter an applicant for license
shall appear at a time and place and
before such persons as the department may
designate to be examined by written and
practical tests.
The department shall
give an examination during the second full
week in January and during the third full
week in July each year. [1973 1st ex.s. c
106 § 5.]
18.35.060
IliAIN~t
1IC~~==2~ALIFI£A­
IIQNS--R~~llitl'IENTS-=fEE==CONTENI~==!UIHQliii!
OF
IBAINEE==EXflBATION==
(1)
The department shall
issue a trainee license to any applicant
who has shown to the satisfaction of the
department that:
(a)
He is at least eighteen years of
age;
(b)
He is free of any infectious or
contagious disease;
(c)
If issued a trainee license, he
would be employed and directly supervised
in the fitting and dispensing of hearing
aids by a person licensed under this
chapter in a capacity other than trainee;
REI~SUANCt~
18.35.020
LICENSE==REQ[Ili~~~
No person shall engage ~n the fitting
and
dispensing of hearing aids unless he holds
a valid license issued by the department
as provided in this chapter.
(1973 1st
ex.s. c 106 § 2.]
18.35.030
li~£EIPT
REQUili~~==fQ!IENI~~
Any person who engages in the fitting and
dispensing of hearing aids shall deliver
to each person supplied with or sold a
hearing aid a receipt which shall contain
his signature and show the address of his
regular place of business and the number
of his license, together with a description of the hearing aid furnished, including the term "used" or "reconditioned" if
applicable, amount charged therefor, and
terms of sale. ( 1973 1st ex.s.
c 106 §
3.]
18.35.040
~f1I£ANT~ __2QA1l!If!IIQN2==
IEE==REQUIRE~EN12~
An applicant for license shall be at least eighteen years of
age, shall pay a fee of sixty dollars, and
shall show to the satisfaction of the
department that he is free of any infectious or contagious disease which would
involve undue risk to the public.
An
applicant shall not be issued a license
under the provisions of this
chapter
unless he:
(1)
Satisfactorily completes the examination required by this chapter; or
1973 RCW SUPP.
[ 85
and
(d)
He has paid an application fee of
twenty-five dollars to the department.
The provisions of RCW 18.35.030 and 18.35.110 through 18.35.130 shall apply to
any person issued a
trainee
license.
Pursuant to the provisions of this section, a person issued a trainee license
may engage in the fitting and dispensing
of hearing aids without having
first
passed the examination provided under this
chapter.
(2)
The trainee license shall contain
the name of the person licensed under this
chapter who is employing and supervising
the trainee and an acknowledgment executed
by such person that he is responsible for
all acts of the trainee in connection with
the fitting and dispensing of hearing
aids.
(3)
A trainee may fit and dispense
hearing aids, but only if he is under the
direction and superv~s~on of a
person
licensed under this chapter in a capacity
other than trainee.
]
18. 35.06 ::>
BUSINESSES AND PROFESSIONS
--------------------------------------------------------------------------------------twenty-five dollars for a renewal of his
license and shall keep such license conspicuously posted at his business address
at all times.
A thirty-day grace period
shall be allowed after January 1st, during
which licenses may be renewed on payment
of a fee of one hundred fifty dollars to
the department.
The department may suspend the license of any person who fails
to renew his license before the expiration
of the thirty-day grace period. [1973 1st
ex. s. c 106 § 9. )
(4)
The trainee license shall expire
one year from the date of its issuance
except that at the discretion of the
department on recommendation of the council the license may be reissued for one
additional year only.
(5)
No person licensed under this chapter may assume the responsibility for more
than three trainees at any one time,
unless approved in writing by the department.
[ 1973 1st ex.s. c 106 § 6.]
18.35.070
EXAMINATION--CONTENTS-IESTS~
The examination--pr~ided in-RcW
18.35.050 shall consist of:
(1)
Tests of knowledge in the following
areas as they pertain to the fitting of
hearing aids:
(a)
Basic physics of sound;
(b)
The human hearing mechanism, including the science of hearing and the
causes
and rehabilitatior. of abnormal
hearing and hearing disorders; and
(c)
Structure and function of hearing
aids.
(2)
Tests of proficiency in the following techniques as they pertain to the
fitting of hearing aids:
(a)
Pure tone audiometry, including air
conduction testing and bone conduction
testing;
(b)
Live voice or recorded voice speech
audiometry, including speech
reception
threshold testing and speech discrimination testing;
(c)
Effective masking;
(d)
Recording
and
evaluation
of
audiograms and speech audiometry to determine hearing aid candidacy;
(e)
Selection and adaptation of hearing
aids and testing of hearing aids; and
(f)
Taking ear mold impressions.
(3)
Evidence of knowledge regarding the
medical and rehabilitation facilities for
children and adults that are available in
the area served.
(4)
Evidence of knowledge of grounds
for revocation or suspension of license
under the provisions of this chapter.
(5)
Any other tests as the department
may by rule establish. [1973 1st ex.s.
c
106 § 7. J
18.35.100
PLAC!; OF BUSINESS.
(1)
A
person who holds a license--shall notify
the department in writing of the regular
address of the
place or places ~n the
state of washington where he engages or
intends to engage in the fitting and
dispensing of hearing aids and of any
change thereof within thirty days of such
change.
Failure to notify the department
in writing shall be grounds for suspension
or revocation of license.
(2)
Th~ department shall keep a
record
of the places of business of persons who
hold licenses.
(3)
Any notice required to be given by
the department to a person who holds a
license may be given by mailing it to him
at the address of the last place of
business of which he has notified the
department, except that notice to a licensee of proceedings to deny, suspend, or
revoke the license shall be by certified
or registered mail or by means authorized
for service of process. [ 1973 1st ex.s. c
106 § 10.]
18.35.110
GROUNg~
EQR SUSPENSION OF
11£!;N~£;~ Any person licensea--under--this
chapter may have his license suspended for
a fixed period or be placed on probation
by the department for any of the following
causes:
(1)
The licensee, in the application
for the license, or in any written or oral
communication to the department concerning
the issuance or retention of the license,
has made any material misstatement of
fact,
or has omitted to disclose any
material fact necessary to make that which
is stated not misleading.
(2)
For unethical conduct, or for gross
incompetence in dealing in hearing aids.
Unethical conduct shall include, but not
be limited to:
(a)
Using or causing or promoting the
use of, in any advertising matter,
promotional literature, testimonial, guarantee,
warranty, label, brand, insignia,
or any
other representation, however disseminated
or published, which is false,
misleading
or deceptive;
(b)
Employing directly or indirectly
any suspended or unlicensed. person to
perform any work covered by th~s chapter;
(c)
Failing or refusing to honor o~ to
perform as represented any representat~on,
18.35.080
LICENSE--ISSUANCE--FEE--DURATION.
The department-sha11-iicense-each
applicant,
without discrimination,
who
satisfactorily completes the required examination and, upon payment of one hundred
twenty-five dollars to the department,
shall issue to the applicant a license.
The
license shall be effective until
December 31st of the year in which it is
issued.
[ 1973 1st ex.s. c 106 § 8.]
18.35.090
RENEWAL FEE--DISPLAY OF 11~
cENsE.
Each -person -;ho--engages-In the
fitting and dispensing of hearing aids
shall annually, on or before January 1st,
pay to the department a fee of one hundred
[
86
]
HEARING AIDS
18.35.140
--------------------------------------------------------------------------------------promise, agreement or warranty in connection with the promotion, dispensing or
fitting of the hearing aid;
(d)
Advertising
a particular model,
type, or kind of hearing aid for sale
which purchasers or prospective purchasers
responding to the advertisement cannot
purchase or are dissuad~d from purchasing
and where it is established that the
purpose of the advertisement is to obtain
prospects for the sale of a different
model, type, or kind than that advertised;
(e) (i)
Whenever any of the following
conditions are found or should have been
found to exist either from observations by
the licensee or on the basis of information furnished by the prospective hearing
aid user, prior to fitting and dispensing
a hearing aid to any such prospective
hearing aid user, failing to advise that
prospective hearing aid user in writing
that he should first consult a licensed
physician specializing in diseases of the
ear or if no such licensed physician is
available in the community then to any
duly licensed physician:
(A)
Visible congenital or traumatic deformity of the ear;
(B)
History of, or active drainage from
the ear within the previous ninety days;
(C)
History of sudden or rapidly progressive hearing loss within the previous
ninety days;
(D}
Acute or chronic dizziness;
(E)
Unilateral hearing loss of sudden
or recent onset within ninety days;
(F)
Significant air-bone gap (when generally
acceptable standards have been
established) ;
(G)
Any other conditions that the department may by rule establish:
PROVIDED,
That it shall be a violation of this
subsection for any licensee or his employees and putative agents upon making such
required referral for medical opinion to
in any manner whatsoever disparage or
discourage a prospective hearing aid user
from seeking such medical opinion prior to
the fitting and dispensing of a hearing
aid:
AND PROVIDED FURTHER, That no such
referral for medical opinion need be made
by any licensee in the instance of replacement only of a hearing aid which has
been lost or damaged beyond repair within
one year of the date of purchase:
AND
PROVIDED FURTHER, That nothing in this
section required to be performed by a
licensee shall mean that the licensee is
engaged in the diagnosis of illness or the
practice of medicine or any other activity
prohibited by the provisions of this code;
(ii)
Fitting and dispensing a hearing
aid to any person under eighteen years of
age who has not been examined and cleared
for hearing aid use within the previous
six months by a physician specializing in
otolaryngology except in the case
of
replacement instruments or except in the
case of the parents or guardian of such
person refusing, for good cause, to seek
medical opinion:
PROVIDED, That should
1973 RCW SUPP.
[ 87
the parents or guardian of such person
refuse,
for good cause, to seek medical
opinion, the licensee shall obtain from
such parents or guardian a certificate to
that effect in a form as prescribed by the
department;
(iii)
Pitting and dispensing a hearing
aid to any person under eighteen years of
age who has not been examined by
a
clinical audiologist for his recommendations during the previous six months,
without first advising such person or his
parents or guardian in writing that he
should
first
consult
a
clinical
audiologist;
(f)
Representing that the services or
advice of a person licensed to practice
medicine and surgery under chapter 18.71
RCW or osteopathy and surgery under chapter 18.57 RCW or of a clinical audiologist
will be used or made available in the
selection, fitting,
adjustment,
maintenance, or repair of hearing aids when that
is not true, or using the word "doctor",
"clinic", or other like word~, abbreviations,
or symbols which tend to connote a
medical or osteopathic profession when
such use is not accurate; or
{g)
Permitting another to
use
his
license.
{3)
Engaging in the fitting or dispensing of hearing aids while suffering
from a contagious or infectious disease
involving undue risk to the public.
{4)
Dealing in hearing aids under a
false, misleading, or deceptive name.
{5)
For any violation of the provisions
of this chapter.
(6)
Failure to properly and reasonably
accept responsibility for the actions of
his employees.
(7}
Engaging in any unfair or deceptive
practice or unfair method of competition
in trade within the meaning of RCW 19.86.020 as now or hereafter amended.
[1973
1st ex.s. c 106 § 11.]
18.35.120
R~VOCATION
QI LI£~li~~~
A
license may also be revoked for any of the
grounds provided in RCW 18.35.110 when the
department finds revocation is necessary
to protect members of the public.
[ 197 3
1st ex.s. c 106 § 12.]
18.35.130
HEARING.
Where the department proposes~o-refuse to issue or renew
a license, or proposes to revoke
or
suspend a license, opportunity for hearing
shall be accorded pursuant to the Administrative Procedure Act, chapter 34.04 RCW.
[1973 1st ex.s. c 106 § 13.]
18.35.140
gQ~~R~ Ali~ QQIIE~ Qf Q~PABI=
The powers and duties of the
department, in addition to the powers and
duties provided under other sections of
this chapter, are as follows:
H~HI~
]
18.35.140
BUSINESSES AND PROFESSIONS
--------------------------------------------------------------------------------------(1)
To purchase and maintain or rent
audiometric equipment and facilities necessary to carry out the examination of
applicants for license.
(2)
To authorize all
disbursements
necessary to carry out the provisions of
this chapter.
(3)
To require the periodic inspection
of the audiometric testing equipment and
to carry out the periodic inspection of
facilities of persons who deal in hearing
aids,
as reasonably required within the
discretion of the department.
(4)
To establish by rule such minimum
standards of equipment and procedures in
the fitting and dispensing of hearing aids
as deemed appropriate and in the public
interest.
(5)
To adopt in accordance with the
procedures set forth in the Administrative
Procedure Act, chapter 34.C4 RCW, such
rules and regulations not inconsistent
with the laws of this state and the
provisions
of this chapter which are
necessary to carry out the provisions of
this chapter including but not limited to
interpretation of the provisions of this
chapter. [ 1973 1st ex.s. c 106 § 14.)
£QQ]£1b
18.35.150
ON B~h~l~~ !ID~==
~~~~I]~ME~~]~~fi1g==QQ~11FI~!I!QNS==
TERMS--VACANCIES--MEETINGS--PER
DIEM
AND
~XP~isE~:---(1)---There--is created-hereby
the council on hearing aids. The council
shall consist of seven members to be
appointed by the governor.
(2)
Members of the council shall be
residents of this state.
Four members
shall be persons experienced in the fitting of hearing aids who shall hold valid
licenses under this chapter. One member
shall be a medical doctor specializing in
otolaryngology.
One member shall be a
clinical audiologist.
One member shall
represent the public.
(3)
The term of office of a member is
three years,
except that on the first
council three members shall serve for two
years and four members shall serve for
three years.
A member shall continue to
serve until a successor has been appointed
and qualifies.
Before a member's term
expires, the governor shall appoint a
successor to assume his duties at the
expiration of his predecessor's term.
A
vacancy in the office of a member shall be
filled by appointment for the unexpired
term.
(4)
The chairman of the council shall
be elected from the membership of the
council at the beginning of each year.
(5)
The council shall meet at least
once each year, at a place, day and hour
determined by the council, unless otherwise directed by a
majority of council
members.
The council shall also meet at
such other times and places as are requested by the department or by three
members of the council.
(6)
Members of the council shall not be
compensated for their services, but shall
( 88
be reimbursed for their traveling expenses
and receive a per diem in the manner
provided for state employees under chapter
43.03 RCW. ( 1973 1st ex.s. c 106 § 15.]
18.35.160
COUN£!1 ON HEARING AIDS~­
POWERS AND DUTIES.
(1) --The~ouncil- shall
have~he-responsibility and duty of advising the department in matters relating to
this chapter, subject to approval by the
department shall prepare the examination
required by this chapter, and shall assist
the department in carrying out the provisions of this chapter.
(2)
The department shall consider and
be guided by the recommendations of the
council pursuant to this section and in
all matters of policy relating to this
chapter.
(3)
The council whenever possible shall
recommend that the department enter into
reciprocity of licensure agreements with
those states having licensure requirements
equivalent to or higher than those provided herein.
(4)
The council shall have the responsibility and duty of advising the department
and
preparing
specific
recommendations
concern1ng the minimum
standards of equipment and procedures in
the fitting and dispensing of hearing
aids. [1973 1st ex.s. c 106 § 16.J
18.35.170
~QUN~!1 Qli fiEARI!Q !!~~==B~=
STBICTIO,li ygQ~ ,!1EMBE!1 I!KI.!fli EX!J1.lli!TIQ~J..
A member of the council on hearing aids
shall not be permitted to take the examination ,provided under this chapter unless
he has first satisfied the department that
adequate precautions have been taken to
assure that he does not and will not have
any knowledge, not available to the members of the public at large, as to the
contents of the examination. (1973 1st
ex. s. c 10 6 § 17 , ]
18.35.180
APPLICATION OF CONSUMER PROTECTION ACT AND-FALSE-ADVERTISING
Acts--ana-practices-in-the-course-of trade
in the promoting, advertising, selling,
fitting and dispensing of hearing aids
shall be subject to the prov1s1ons of
chapter 19.86 RCW
(Consumer Protection
Act) and RCW 9.04.050
(False Advertising
Act)
and any violation of the provisions
of this chapter shall constitute violation
of RCW 19.86.020. (1973 1st ex.s. c 106 §
18. ]
AET.
VALIQ b!fEN~~ PREggQQISIIg
~UITS==!!Q1ATIONS--RESCISSION Q! IRA~~=
18.35.190
IQ
ACTIONS-SCOPE OF CHAPTER.
( 1)
In additionto-remedies otherwise provided by
law, in any action brought by or on behalf
of a person required to be
licensed
hereunder, or by any assignee or transferee thereof, arising out of the business of
fitting and dispensing of hearing aids, it
J
ELECTRICIANS
18.37.030
--------------------------------------------------------------------------------------shall be necessary to allege and prove
that the licensee at the time of the
transaction held a valid license as required by this chapter, and that such
license has not been suspended or revoked
pursuant to RCW 18.35.110 and 18.35.120.
(2)
Any person who shall engage in the
fitting and dispensing of hearing aids
without having obtained a license or who
shall wilfully and intentionally violate
any of the provisions of this chapter
shall be guilty of a gross misdemeanor.
(3)
In addition to any other rights and
remedies he may have, the purchaser of a
hearing aid shall have the right
to
rescind the transaction for other than the
seller's breach if:
{a)
The purchaser for whatever reason
consults a licensed physician subsequent
to purchasing the hearing aid; and
(b)
Such licensed physician
advises
such purchaser against purchasing or using
a hearing aid and in writing specifies the
medical reasons for such advice; and
(c)
The purchaser returns the hearing
aid or holds it at the seller's disposal:
PROVIDED, That the hearing aid is in its
original condition less normal wear and
tear;
(d)
By sending notice of such cancellation to the licensee at his place of
business by certified mail, return receipt
requested, which shall be posted not later
than thirty days following the date of
purchase: PROVIDED, That in the event of
cancellation pursuant to this subsection
the licensee shall, without request, refund to the purchaser within ten days
after such cancellation of all deposits,
including any down payment less ten percent of the total purchase price and less
the reasonable price of ear molds, if any,
and shall return all goods traded in to
the licensee on account or in contemplation of the sale less any reasonable costs
actually incurred in making ready for
sale, goods so traded in: AND PROVIDED
FURTHER, That the buyer shall incur no
additional
liability
for
such
cancellation.
(4)
Nothing in this chapter shall be
construed to pertain in any manner to the
testing of human hearing for the purpose
of determining the nature, loss, cause or
function of hearing and not for
the
purpose of fitting and dispensing hearing
aids.
[ 1973 1st ex.s. c 106 § 19.]
18.35.200
QlB~
LAWS UNAFFECTED.
The
provisions of this -chapter--shall- not
exclude the application of any other law
to persons or circumstances covered under
this chapter.
(1973 1st ex.s. c 106 §
20. J
18.35.900
~EVERABI1ITJ==l~2l lST ~!~~~
£ ~~
If any provision of this act or
its application to any person or circumstance is held invalid, the remainder of
1973 RCW SUPP.
the act or the application of the provisions to other persons or circumstances is
not affected.
( 19 7 3 1st ex. s. c
10 6 §
21. ]
Chapter 18.37
ELECTRICIANS
Cross 'Reference:
Electrical inspections,
electricians,
construction:
Chapters 19.28 and 19.29
RCW.
18.37.010
DEFINITIQH~
Unless a different
meaning is plainly required by the
context, the following words and phrases
as hereinafter used in this chapter shall
have the following meaning:
(1)
"Advisory board" means the state
advisory board of electricians;
(2)
"Apprentice electrician" means any
person engaged in learning the trade of
electrical and who, under the supervision
of a journeyman electrician, performs the
actual work necessary to assemble, construct, install, repair, or modify electrical installations;
(3)
"Department" means the department
of labor and industries;
(4)
"Director" means director of department of labor and industries;
(5)
"Journeyman electrician" means any
person who has been issued a certificate
of competency by the department of labor
and industries as provided in this chapter
for the installation of electrical equipment for light, heat, or power. [1973 1st
ex.s. c 206 § 1. J
18.37.020
CERTJliC!!~
Ql C0~~~!~~£1==
!ff]~lill£~
~~RM1l==REQ~l]ED==]g2J~~22
Q]
!B!Q~
Ql ~1~£!]1~JAN ~~FI~~~~
(1)
No
person shall engage in the busin~ss or
trade as a journeyman electrician without
having a current certificate of competency
issued by the department in accordance
with the provisions of this chapter.
(2)
No person shall engage in the business or trade as an electrical apprentice
without having a current apprentice permit
issued by the department in accordance
with the provisions of this chapter.
(3)
The business or trade of electrician, as herein used, shall encompass all
acts involving installation or maintenance
of the distribution of electricity, except
as ~s hereinafter specifically excluded.
(1973 1st ex.s. c 206 § 2.]
18.37.030
APPLICATION FOR CERTIFICATE
OF coMPETENCY::EviDENCE-oF-ExPERIENCE-AND
~9~~§!lilicY==r9~Es.--i~y-persa~-desiri~g-ta
be issued a certificate of competency as
provided in this chapter shall deliver
evidence in a form prescribed by the
department affirming that said person has
had sufficient experience in as well as
demonstrated ger.eral competency in the
electrical trade so as to qualify him to
[ 89 ]
18.37.030
BUSINESSES AND PROFESSIONS
--------------------------------------------------------------------------------------make an application for a certificate of
competency as a journeyman electrician:
PROVIDED, That successful completion of a
course of study in the electrical trade as
defined by this chapter in the armed
services of the United States or at a
school accredited by the
coordinating
council on occupational education shall
constitute sufficient evidence of experience and competency to enable such person
to make application for a certificate of
competency:
PROVIDED, FURTHER, That completion of such a course of study shall be
substitutable for the practical experience
required by RCW 18.37.040 only according
to the duration of the course.
In addition to supplying the evidence as
prescribed in this section, each applicant
for a certificate of competency shall
submit an application for such certificate
on such form and in such manner as shall
be prescribed by the director of the
department. [1973 1st ex.s. c 206 § 3.]
18.37.040
EXAMINATIONS--ELIGIBILITY-BUt~~ AN~ B~guti!IQM~:---upon--receip~-0£
the application and evidence set forth in
RCW 18.37.030, the director shall review
the same and make a determination as to
whether the applicant is eligible to take
an examination for the certificate of
competency.
To be eligible to take the
examination the applicant must have worked
as an apprentice electrician, as defined
in RCW 18.37.010, for four years, or have
satisfactorily attended for up to a maximum of two years and successfully completed an accredited vocational or technical
school program related to the electrical
trade or shall furnish written evidence
that he has had at least four years
practical experience in the wiring for the
installation of electrical equipment of
light, heat, and power.
No other requirement for eligibility may be imposed. The
director shall establish reasonable rules
and regulations for the examinations to be
given applicants for certificates of competency.
In establishing said rules,
regulations, and criteria, the director
shall consult with the state advisory
board of electricians as established in
RCW 18.37.100.
Upon determination that
the applicant is eligible to take the
examination, the director shall so notify
him, indicating the time and place for
taking the same. [1973 1st ex.s. c 206 §
4. )
18.37.050
is identified with the status of
journeyman electrician; and
(2)
Whether the applicant is sufficiently familiar with the applicable electrical codes and the administrative rules
and regulations of the department pertaining to
electrical
installations
and
electricians.
The department shall administer at least
twice annually the examination to persons
eligible to take the same under
the
provisions of RCW 18.37.040. All applicants shall, before taking such examination, pay to the department a fifteen
dollar fee:
PROVIDED, That any applicant
taking said examination shall pay only
such additional fee as is necessary to
cover the costs of administering such
additional examination.
The department shall certify the results
of said examination, upon such terms and
after such period of time as the director,
in cooperation with the advisory board,
shall deem necessary and proper. [1973
1st ex.s. c 206 § 5.]
18.37.060
£~RTIFICAI~
OF CO~~];I~N£!=
ISSUANCE--RENEWAL--FEE--EFFECT.
The department--shall--rssu~--a--certificate of
competency to all applicants who have
passed the examination provided in RCW
18.37.050, and who have otherwise complied
with the prov~s~ons of this chapter and
the rules and regulations
promulgated
thereto.
The certificate shall bear the
date of issuance, and shall expire on the
first of July immediately follo~ing the
date of issuance. The certificate shall
be renewable annually, upon application,
on or before the first of July. An annual
renewal fee of fifteen dollars shall be
assessed for each certificate:
PROVIDED,
HOWEVER, That any person, firm or corporation, licensed and bonded pursuant to the
provisions of RCW 19.28.120 shall not be
assessed and shall not be required to pay
the annual renewal fee for certification
of competency.
The certificates of competency or permits provided for in this chapter shall
grant the holder the right to engage in
the work of electrical installation as a
journeyman electrician in accordance with
its provisions throughout the state and
within any of its political subdivisions
without additional proof of competency or
any other license or permit or fee to
engage in such work. [1973 1st ex.s. c
206 § 6. ]
~IA~J]!!ION~==£2BI~NT2==
IIK~~==f~ES-=£]£TIFI£AIJQ!
Ql
B~2Q112~
The department, in coordination with the
advisory board, shall prepare a written
examination to be administered to applicants for certificates of competency.
The
examination shall be so constructed to
determine:
(1)
Whether the applicant
possesses
varied general knowledge of the technical
information and practical procedures that
(
18.37.070
PERSONS ENGAGED IN BUSINESS
OR TRADE AS ELECTRICIAN-ON-EFFECTIVE-DATE:
io ~iamination-shall-be -required--of--an!
applicant for a certificate of competency
who, on July 16, 1973, was engaged in a
bona fide business or trade as a journeyman
electrician
in
the
state
of
washington.
Applicants qualifying under
this section shall be issued a certificate
90 ]
ELECTRICIANS
18.37.130
--------------------------------------------------------------------------------------by the department upon making an application as provided in RCW 18.37.030 and
paying the fee required under RCW 18.37.050:
PROVIDED, That no applicant under
this section shall be required to furnish
such evidence as required by RCW 18.37.030. (1973 1st ex.s. c 206 § 7.]
18.37.080
TEMPORARY PERMITS. The department is authorized-to-grant-and issue
temporary permits in lieu of certificates
of competency whenever an
electrician
coming into the state of washington from
another state requests the department for
a
temporary permit to engage in the
business and trade of electrical installation as a journeyman during the period of
time between filing of an application for
a certificate as provided in RCW 18.37.030
and taking the examination provided for in
RCW 18.37.050: PROVIDED, That the department is authorized to enter into reciprocal agreements with other states providing
for the acceptance of such states•
journeyman certificate of competency or its
equivalent when such states requirements
are equal to the standards set by this
act: AND PROVIDED FURTHER, That no temporary permit shall be issued to:
(1)
Any person who has failed to pass
the
examination for a certificate of
competency;
(2)
Any applicant under this section
who has not furnished the department with
such
evidence
required
under
RCW
18.37.030;
(3)
To
any
apprentice electrician.
( 1973 1st ex. s. c 206 § a.]
reaching its decision.
A majority of the
board shall be necessary to render a
decision.
(1973 1st ex.s. c 206 § 9.]
18.37.100
A~VI~QRI
BOAR~
QI ~LE£1El=
CIANS.
(1)
There is created a state
advisory board of electricians,
to be
composed of three members appointed by the
governor.
one member shall be a journeyman electrician, one member shall be a
person conducting an electrical installation business, and one member from the
general public who is familiar with the
business
and
trade
of
electrical
installations.
(2)
The initial terms of the members of
the advisory board shall be one, two, and
three years respectively as set forth in
subsection (1) of this section.
Upon the
expiration of said terms, the governor
shall appoint a new member to serve for a
period of three years. In the case of any
vacancy on the board for any reason, the
governor shall appoint a new member to
serve out the term of the person whose
position has become vacant.
This shall
not be construed to mean the governor
cannot reappoint a member.
(3)
The advisory board shall carry out
all the functions and duties enumerated in
this chapter, as well as generally advise
the department on all matters relative to
this chapter.
(4)
Each member of the advisory board
shall receive compensation and expenses in
accordance with the prov~s~ons of RCW
43.03.050 and 43.03.060 for each day in
which such member is actually engaged in
attendance upon the meetings of the advisory board. ( 1973 1st ex. s. c 206 § 10.)
18.37.090
RlYQ£AI1QB Ql £~RI1Il£ATE QI
£0MPEI~B£1--=2ROYB]~==EROC]DUR]~
(1)
The
department may revoke any certificate of
competency upon the following grounds:
(a)
The
certificate
was
obtained
through error or fraud;
(b)
The holder thereof is judged to be
incompetent to carry on the business and
trade of electrical installations as a
journeyman electrician;
(c) The holder thereof has violated any
of the provisions of this chapter or any
rule or regulation promulgated thereto.
(2)
Before any certificate of competency shall be revoked, the holder thereof
shall be given written notice of the
department's intention to do so, mailed by
registered mail, return receipt requested,
to said holder's last known address.
Said
notice shall enumerate the allegations
against such holder, and shall give him
the opportunity to request a
hearing
before the advisory board. At such hearing, the department and the holder shall
have opportunity to produce witnesses and
give testimony.
The hearing shall be
conducted in accordance with the provisions of chapter 34.04 RCW.
The board
shall render its decision based upon the
testimony and evidence presented,
and
shall notify the parties immediately upon
1973 RCW SUPP.
[ 91
18.37.110
APPg~NTI£ES==RE2!~IRA!IOB==
IQ !QE~~
(1)
Every apprentice
shall register with the department.
(2)
The department shall issue to such
apprentice,
upon such form and under such
terms as the director and the advisory
board shall by agreement deem proper, an
apprentice permit to work in the business
and trade of electrical installations as
an apprentice:
PROVIDED, That such work
shall be done under the supervision of a
journ~yman electrician.
( 1973 1st ex.s. c
206§11.]
E~RHIT
18.37.120
DISPOSITION OF FEES.
All
moneys received--from--certificates, permits, or other sources, shall be paid to
the state general fund.
(1973 1st ex.s. c
206 § 12.]
18.37.130
POWERS AND DUTIES OF DIRECThe director-roay--proiulgatemake specific decisions, orders, and rulings, including therein demands and findings, and take other necessary action for
the implementation and enforcement of his
duties under this chapter:
PROVIDED, That
IQR~
rules;
18.37.130
BUSINESSES AND PROFESSIONS
---------------------------------------------------------------------------------~-----
in the administration of this chapter the
director shall not enter any controversy
arising over work assignments with respect
to the trades involved in the construc~ion
industry. [1973 1st ~x.s. c 206 § 13.]
~XE~Q~~
FRQ~ £li!f!~B RE=
Nothing in this chapter shall
be construed to require that a person
obtain a license or a certified electrician in order to do electrical work at his
residence or farm or place of business or
on other property owned by him:
PROVIDED,
HOWEVER, That nothing in this chapter
shall be intended to derogate from or
dispense with th~ requirements of any
valid electrical code enacted by a political subdivision of the state, except that
no code shall require the holder of a
certificate of competency to demonstrate
any additional proof of competency or
obtain any other license or pay any fee in
order to engage in the trade of electrical
installation: AND PROVIDED FURTHER, That
this chapter shall not apply to common
carriers subject to Part I of the Interstate Commerce Act, nor to their officers
and employees: AND PROVIDED FURTHER, That
nothing in this chapt<;!r shall be deemed to
apply to the installation or maintenance
of communications or electronic circuits,
wires and apparatus, radio or television
stations; nor to any electrical public
utility or its employees, in the installations and maintenance of electrical wiring, circuits, apparatus, and equipment by
or for such public utility, or comprising
a part of its plants, lines or systems.
The licensing provisions of this chapter
shall not apply to persons making electrical installations on their own property or
to regularly employed employees working on
the
premises of their ~mplcyer:
AND
PROVIDED FURTHER, That nothing in this
chapter shall be construed to restrict the
right of any householder to assist or
receive assistance from a friend, neighbor, relative or other person when none of
the
individuals doing such electrical
installation hold themselves out as engaged in the trade or business of electrical installations. [1973 1st ex.s. c 206
§ 1 q. )
Chapter 18.43
ENGINEERS AND LAND SURVEYORS
cross References:
Noncompliance with surveys and monuments
recording
law--Grounds for revocation:
RCW 58.09.140.
surveys and
monuments recording law:
Chapter 58.09 RCW.
Chapter 18.44
ESCROW AGENT REGISTRATION ACT
18.37.140
QQIREKEHI~~
18.37.150
PENALTY.
Violation of this
chapter or of--the--department rules and
regulations provided for in this chapter
by a person, firm, or corporation, shall
be punishable by a fine of not more than
fifty dollars. Each day of such violation
constitutes a separate offense.
(1973 1st
ex.s. c 206 § 15.]
18.44.230
APPLICANT
FOR EXAMINATION--
E~Q~IREMEN!~~ --No--eiamination--wiii___
be
given unless the applicant has one year
within the three years immediately preceding application of full time experience in
the handling of escrow transactions or in
comparable or allied fields, as may be
determined from time to time by the escrow
commission; and the applicant must be
eighteen years of age or older.
completion of post high school educational courses of the nature and extent
prescribed by the escrow commission may be
substituted for the experience requirement.
[1973 1st ex.s. c 163 § 1; 1971
ex.s. c 245 § 10.]
Chapter 18.51
NURSING HOMES
18.51.010
DEFINillONh
(1)
"Nursing
home" means any home, place or institution
which operates or maintains facilities
providing convalescent or chronic care, or
both, for a period in excess of twentyfour consecutive hours for three or more
patients not related by blood or marriage
to the operator,
who by reason of illness
or infirmity, are unable properly to care
for themselves. Convalescent and chronic
care may include but not be limited to any
or all procedures commonly employed in
waiting on the sick, such as administration of medicines, preparation of special
diets, giving of bedside nursing care,
application of dressings and bandages, and
carrying out of treatment prescribed by a
duly licensed practitioner of the healing
arts.
It may also include care of mentally incompetent persons.
Nothing in this
definition shall be construed to include
general hospitals or other places which
provide care and treatment for the acutely
ill and maintain and operate facilities
for major surgery or obstetrics, or both.
Nothing in this definition shall be construed to include any boarding home, guest
home, hotel or related institution which
is held forth to the public as providing,
and which is operated to give only board,
room and laundry to persons not in need of
medical or nursing treatment or supe~vi­
sion except in the case of temporary acute
illness.
The mere designation by the
operator of any place or ~nstitution as a
[ 92 ]
OPTOMETRY
18.53.190
--------------------------------------------------------------------------------------hospital, sanitarium, or any other similar
name, which does not provide care for the
acutely ill and maintain and
operate
facilities for major surgery or obstetrics, or both, shall not exclude such
place or institution from the provisions
of this chapter:
PROVIDED, That
any
nursing home providing psychiatric treatment shall, with respect to
patients
receiving such treatment, comply with the
provisions of RCW 71.12.560, 71.12.570,
and 71.12.580.
11 Person 11
(2)
means
any
individual,
firm, partnership, corporation, company,
association, or joint stock association,
and the legal successor thereof.
(3)
"Secretary" means the secretary of
the
department
of social and health
services.
(4)
"Board" means the state board of
health.
(5)
"Department" means the state department of social and health services.
(6)
"Approved health department" means
any city, county, city-county or district
health department which holds a certificate of approval under this
chapter.
[1973 1st ex.s. c 108 § 1; 1953 c 160 § 1;
1951 c 117 § 2. )
18.51.180
QQI=f!IItNT ~gyl~li2==!QIHO=
,EIZED=.Ql;FINE}h A nursing home may,
pursuant to rules and regulations adopted by
the department of social and health servic~s,
offer out-patient services to persons who are not otherwise patients at
such nursing home.
Any certified nursing
home offering out-patient services may
receive payments from the federal medicare
program for such services as are permissible under that program.
out-patient services may include any
health or social care needs, except surgery, that could feasibly be offered on an
out-patient basis. [1973 1st ex.s. c 71 §
rising disproportionately to other costs
and that there is a paramount concern that
the right of the people to obtain access
to health care in all its facets is being
impaired thereby. For this reason, the
reliance on the mechanism of insurance,
whether profit or nonprofit, is the only
effective manner in which the large majority of the people can attain access to
quality health care, and it is therefore
declared to be in the public interest that
health care insurance be regulated to
assure that all the p~ople have access to
health care rendered by whatever means,
and to the greatest extent possible.
RCW
18.53.165 through 18.53.190 ana 18.53.901,
prohibiting discrimination against
the
legally recognized ana licensed profession
of optometrists, is necessary in
the
interest of the public health, welfare and
safety. ( 197 3 c 4 8 § 1. ]
18.53.170
DISCRIMIM!IIQ! fRQtli~I~Q==
ACCEPTANCE OF SER!I~~ ~! 2!b!~ b~]li~I]2
ANQ---~~]QIYI§I0]2~
Notwithstanding any
other provision of law, the state and its
political subdivisions shall accept the
services of licensed optometrists for any
service covered by their licenses with
relation to any person receiving benefits,
salaries, wages, or any other type of
compensation from the state, its agencies
or subdivisions. ( 197 3 c 48 § 2. )
DI~RIMIMbTION
18.53.175
PRQliiBITED==
bND 2Y]QIVI2!QliS-=Qff1~IA1~
ANQ ~fiPLQYEE2~ The state and its political
subdivisions,
and all officials,
agents, employees,
or
representatives
thereof, are prohibited from in any way
discriminating against licensed optometrists in performing and receiving compensation for services covered by
their
licenses. (1973 c 48 § 3.]
STAI~ AG]!~It2
1• ]
18.51.185
QYI=RAIJ~NT
SERVICES--COST
~TUQIES==!~DQ.E Ra!~§~ The-department-of
social and health services shall assist
the nursing home industry in researching
the costs of out-patient services allowed
under RCW 18.51.180. such cost studies
shall be utilized by the department in the
determination of reasonable vendor rates
for nursing homes offering such service's
to
insure an adequate return to the
nursing homes and a cost savings to the
state as compared to the cost of institutionalization. [1973 1st ex.s. c 71 § 2.1
Chapter 18.53
OPTOMETRY
18.53.180
Ql§~BlniB!!IQli
REQtli~II]Q==
b~B~~nElii~
QE CONTRACTS BY STATE
AND
SUBDIVISIONS.
Notwithstanding--any other
provision--of law, the state and
its
political subdivisions, and all officials,
agents, employees,
or
representatives
thereof, are prohibited from entering into
any agreement or contract with any individual, group, association, or corporation
which in any way, directly or indirectly,
discriminates
against licensed optometrists in performing and receiving compensation
for services covered by their
licenses. [ 1973 c 48 § 4. ]
QlSCRIM!liATIQN ggQli!]lTED-=
fiNDilffi !ND QliCLAg!llON.
The
legislature finds and declares~at the
costs of health care to the people are
18.53.185
DISCRIMINATION PRQfiiBI!]Q==
C0§!2 JMM!!]BIAL.--~otwithstanding
any
other provision of law, for the purpose of
RCW 18.53.165 through 18.53.180 and 18.53.190 it is immaterial whether the cost of
any policy, plan, agreement, or contract
be
deemed additional compensation for
services, or otherwise. [1973 c 48 § 5.]
1973 RCW SUPP.
J
18.53.165
!tEG~ilii!li
[ 93
18.53.190
BUSINESSES AND PROFESSIONS
--------------------------------------------------------------------------------------18.53.190
~1~CRJ~1MA1IOM
~BQHI~I1]»==
A~~11~A!ION
OF 1!~~ RCW 18.53.165 through
18.53.185 shall apply to all agreements,
renewals, or contracts issued on or after
June 7, 1973. ( 1973 c 48 § 6.)
18.53.901
SEVERABILITY--1973 f ~§~ If
any prov~s~on of-this--197~-act, or its
application to any person or circumstance
is held invalid, the remainder of the act,
or the application of the provision to
other persons or circumstances is not
affected. [ 1973 c 48 § 7.)
Reviser's note:
This applies
18~s3:16s~hrough 18.53.190.
to
RCW
Chapter 18.57A
OSTEOPATHIC PHYSICIANS' ASSISTANTS
18.57A.060
LIMITATIONS ON li~ALTH CAR~
~~RVICE~~ No healt~care~services may be
performed under this chapter in any of the
following areas:
(1)
The measurement of the powers or
range of human vision, or the determination of the accommodation and refractive
state of the human eye or the scope of its
functions in general, or the fitting or
adaptation of lenses or frames for the aid
thereof.
(2)
The prescribing or directing the
use of, or using, any optical device in
connection with ocular exercises, visual
training, vision training or orthoptics.
(3)
The prescribing of contact lenses
for, or the fitting or adaptation of
contact l8nses to, the human eye.
(4)
Nothing in this section shall preclude the performance of routine visual
screening.
(5)
The practice of dentistry or dental
hygiene as defined in chapter 18.32 and
18.29 BCW respectively.
The exemptions
set forth in RCW 18.32.030, paragraphs (1)
and (8), shall not apply to a physician's
assistant.
(6)
The practice of chiropractic as
defined in chapter 18.25 RC~ including the
adjustment or manipulation of the articulations of the spine.
(7)
The practice of podiatry as defined
in chapter 18.22 RCW. [1973 c 77 § 20;
1971 ex.s. c 30 § 12.)
Chapter 18. 64
PHARMACISTS
18.64.001
STATE BOARD OF PHARMACY-~ll!!ION-::ME11BERS1!IP--OATH--B~l10VAL VA::.-There shall be a state board of
CANCIES.
pharmacy consisting of five members, to be
appointed by the governor by and with the
advice and consent of the senate. Four of
the members shall be designated as pharmacist members and one of the members shall
be designated a public member.
[ 94
Each pharmacist member shall be a citizen of the Onited States and a resident of
this state, and at the time of
his
appointment shall have been a duly registered pharmacist under the laws of this
state for a period of at least five
consecutive years immediately preceding
his appointment and shall at all times
during his incumbency continue to be a
duly licensed pharmacist:
PROVIDED, That
subject to the availability of qualified
candidates
the governor shall appoint
pharmacist members representative of the
areas of practice and geographically representative of the state of Washington.
The public member shall be a citizen of
the United States and a resident of this
state. The public member shall be appointed from the public at large# but shall not
be affiliated with any aspect of pharmacy.
Members of the board shall hold office
for a term of four years, and the terms
shall be staggered so that the terms of
office of not more than two members will
expire simultaneously on the third Monday
in January of each year.
No person who has been appointed to and
served for two four year terms shall be
eligible for appointment to the board.
Each member shall qualify by taking the
usual oath of a state officer, which shall
be filed with the secretary of state, and
each member shall hold office for the term
of his appointment and until his successor
is appointed and qualified.
Each member shall be subject to removal
at the pleasure of the governor,
but no
such removal shall be made by the governor
unless he furnishes the member with a
letter setting forth his reasons for the
removal, and files a copy thereof with the
secretary of state where it shall remain
subject to public inspection.
In case of the resignation or disqualification of a member, or a vacancy occurring from any cause, the governor shall
appoint a successor for the unexpired
term. [1973 1st ex.s. c 18 § 1; 1963 c 38
§ 16; 1935 c 98 § 1;
RRS § 10132-2.
Formerly RCW 43.69.010.)
18.64.005
STATg BO!RD QI ~li!RM!f!==
POWERS AND DUTIES.
The board shall:
--(1)- Regulate-the practice of pharmacy,
and administer all laws placed under its
jurisdiction;
(2)
Prepare, grade and administer or
determine the nature of and supervise the
grading and administration of examinations
for applicants for pharmacists• licenses:
PROVIDED, That this power and duty shall
be limited to the four pharmacist members
of the board;
(3)
Examine, inspect and investigate
all applicants for registration as pharmacists or pharmacy interns and to grant
certificates of registration to all applicants whom it shall judge to be properly
qualified:
PROVIDED, That this power and
duty shall be limited to the four pharmacist members of the board;
)
PHYSICIANS AND SURGEONS
18.71.095
--------------------------------------------------------------------------------------(4)
Employ an executive officer,
inspectors, chemists and other agents to
assist it for any purpose which it may
deem necessary;
(5)
Investigate violations of the prov1s1ons of law or regulations under its
jurisdiction, and to cause prosecutions to
be instituted in the courts upon advice
from the attorney general;
(6)
Make inspections of all pharmacies
and other places including
dispensing
machines in which drugs or devices are
stored, held, compounded, dispensed or
sold to the ultimate consumer, to take and
analyze any drugs or devices and to seize
and condemn any drugs or devices which are
adulterated, misbranded or stored,
held,
dispensed, distributed or compounded in
violation or contrary to law;
(7)
Have the power to conduct hearings
for the revocation or suspension of licenses, permits or registrations and/or to
appoint a hearing officer to conduct such
hearings;
(8)
Assist the regularly constituted
enforcement agencies of this state in
enforcing all laws pertaining to drugs,
narcotics, and practice of pharmacy;
(9)
Regulate the distribution of drugs,
nostrums, and the practice of pharmacy for
the protection and promotion of the public
health, safety and welfare by promulgating
rules and regulations. Violation of any
such rules shall constitute grounds for
refusal, suspension or revocation of ~i­
censes to practice pharmacy. [1973 1st
ex.s. c 18 § 2; 1963 c 38 § 18; 1935 c 98
§
3;
RRS
§ 10132-2.
Formerly RCW
43. 69.030.]
Chapter 18.71
PHYSICIANS AND SURGEONS
18.71.030
EXEMPTIONS.
Nothing in this
chapter shall -be--construed to prohibit
service in the case of emergency, or the
domestic administration of family remedies, or the practice of midwifery; nor
shall this chapter apply to any commissioned
medical officer in the United
States army,
navy, or marine hospital
service, in the discharge of his official
duties; nor to any person serving a period
of training, not exceeding three years, in
any hospital licensed under chapter 70.41;
nor to any person serving a period of
training at the university of Washington
school of medicine;
nor to any licensed
dentist when engaged exclusively in the
practice of dentistry;
nor shall this
chapter prevent a physician licensed to
practice medicine and surgery in Canada or
any province or territory thereof from
practicing medicine in any part of this
state which shares a common border with
Canada and which is surrounded on three
sides by water; nor shall this chapter
apply to any practitioner from any other
state or territory in which he resides:
PROVIDED, That such practitioner shall not
1973 RCW SUPP.
open an office or appoi~t a place of
meeting patients or rece1ve calls within
the limits of this state.
This chapter
shall not be construed to apply in any
manner to the practice of osteopathy or to
any drugless method of treating the sick
or afflicted, or to apply to or interfere
in any way with the practice of religion
or any kind of treatment by prayer; nor to
any person now holding a license for any
system of drugless practice issued pursuant to chapter 18.36; nor to any person
licensed under any law to practice any of
the other healing arts if such practice is
by the methods and means permitted by his
license.
[1973 1st ex.s. c 110 § 1; 1961
c 284 § 4; 1919 c 134 § 12; 1909 c
192 §
19; RRS § 10024.]
18.71.095
~QNDITIOHA1
~ER!I!!~AI~
Q~
IQR OUT-Qf=2IATE LICEN~~~~ WHI1~
ENGAGED BY DEPARTMENT OF SOCIAL AND HEALTH
sEBII~Es~- -Notwithstanding-an¥ provisions
of law to the contrary, the director of
the department of motor vehicles shall,
upon the written request of the secretary
of the department of social and health
services, issue a conditional certificate
or license to practice medicine and surgery in this state to such person or
persons as requested by the secretary of
the department of social and health services; who have been accepted for employment by the department as physicians or
psychiatrists;
who are licensed to practice medicine and surgery in another state
of the United States or in the country of
Canada or any province or territory thereof; and who are graduates of a medical
school accredited and approved in accordance with the provisions of RCW 18.71.055, as now or hereafter amended; any
such license or conditional certificate to
practice medicine and surgery in this
state shall be issued by the director of
the department of motor vehicles, and in
addition to the above requirements shall
be subject to the following limitations,
which shall be set forth therein:
(1)
The licensee shall only practice
the profession of medicine and surgery in
conjunction with patients, residents, or
inmates of the state institutions under
the control and supervision of the secretary of the department of social and
health services.
(2)
The licensee shall be subject to
the jurisdiction of the medical disciplinary board to the same extent as other
members of the medical profession, in
accordance
with chapter 18.72 and in
addition, the conditional license or certificate to practice medicine and surgery
in the state of washington may be revoked
by the medical disciplinary board after a
hearing has been held in accordance with
the provisions set forth in chapter 18.72,
and determination made by the medical
disciplinary board that such licensee has
violated the limitations set forth in
subsection (1) hereof.
1I~~H~~
[ 95 ]
18.71.095
BUSINESSES AND PROFESSIONS
--------------------------------------------------------------------------------------(3)
Such license shall remain in full
force and effect only so long as the
licensee remains an employee of the department of social and health services,
and his duties as such employee require
him to practice the profession of medicine
and surgery, unless such conditional license or certificate is revoked or suspended by the medical disciplinary board,
in
accordance with the provisions of
chapter 18.72. (1973 1st ex.s. c 4 § 1;
1967 c 138 § 1; 1965 c 29 § 1; 1959 c 189
§ 1• ]
18.71.096
1I£~~sE
roR
]1
department of motor vehicles upon a finding by the director of an act of unprofessional
conduct
as
defined
in
RCW
18.72.030.
Such physician shall have the
same rights of notice, hearing and judicial review as provided licensed physicians generally pursuant to chapter 18.72
RCW.
[1973 1st ex.s. c 110 § 2.]
Chapter 18. 71A
PHYSICIANS' ASSISTANTS
18.71A.060
1IMIIATJQNS QE li~~1Ili f!B~
No health care services may be
performed under this chapter in any of the
following areas:
(1)
The measurement of the powers or
range of human vision, or the determination of the accommodation and refractive
state of the human eye or the scope of its
functions in general, or the fitting or
adaptation of lenses or frames for the aid
thereof.
{2)
The prescribing or directing the
use of, or using, any optical device in
connection with ocular exercises,
visual
training, vision training or orthoptics.
(3)
The prescribing of contact lenses
for,
or the fitting or adaptation of
contact lenses to, the human eye.
(4)
Nothing in this section shall preclude the performance of routine visual
screening.
(5)
The practice of dentistry or dental
hygiene as defined in chapters 18.32 and
18.29 RCW respectively.
The exemptions
set forth in RCW 18.32.030, paragraphs (1)
and (8), shall not apply to a physician's
assistant.
(6)
The practice of chiropractic as
defined in chapter 18.25 RCW including the
adjustment or manipulation of the articulations of the spine.
{7)
The practice of podiatry as defined
in chapter 18.22 RCW.
(1973 c 77 § 21;
1971 ex.s. c 30 § 6.]
QB
~~B!If~~~
£~RIIE!£AI~
oui=Qr=~IAI! 1I£~M~EEs !HI1~
£QBDIIIQBAL
QI
!]2J2~Q
Q~PART]!NT
~0CI!1 A]Q fl~LTfl
~!RVI£~~==QYRATIQN--R~M~!A~
The director
of motor vehicles shall cause a conditional license or certificate to practice
medicine and surgery to be issued subject
to the provisions of RCW 18.71.095, which
shall remain in effect for a period of two
years and which may be renewed at the
expiration of such conditional license.
All conditional licenses issued prior to
July 1, 1967, pursuant to the authority of
RCW 18.71.095, shall remain in full force
and effect subject to the jurisdiction of
the medical disciplinary board.
[1973 1st
ex.s. c 4 § 2; 1967 c 138 § 2; 1965 c 29 §
2; 1963 c 65 § 1; 1959 c 189 § 2.]
18.71.200
"PHYSifiA~~ IRAIM~Q
HQ~I1~
INTENSIVE CARE PARAMEDIC 11 --DEFINED.
As
18:?1:02o:---"physician•s
trained mobile intensive care paramedic"
means a person who:
(1)
has successfully completed an advanced first aid course equivalent to the
advanced industrial first aid course prescribed by the division of industrial
safety and health, department of labor and
industries; and
(2)
is trained by a licensed physician:
(a)
to carry out all phases of cardiopulmonary resuscitation;
(b)
to administer drugs under written
or oral authorization of a licensed physician; and
(c)
to administer intravenous solutions
under written or oral authorization of a
licensed physician; and
(3)
has been examined and certified as
a physician's trained mobile intensive
care paramedic by a county health officer
or
by the University of Washington's
school of medicine or by their designated
representatives.
(1973 1st ex.s. c 52 §
1; 1971 ex.s. c 305 § 2.)
usea--In- icw-
Chapter 18.73
EMERGENCY MEDICAL CARE AND TRANSPORTATidN
SERVICES
18.73.010
LEQISLATI!~
FINDING~
The
legislature finds that a state-wide program of emergency medical care is necessary to promote the health, safety, and
welfare of the citizens of this state.
The intent of the legislature is that the
secretary of the department of social and
health services develop and implement a
program to promote immediate prehospital
treatment for victims of motor vehicle
accidents, suspected coronary illnesses,
and other acute illness or trauma.
The legislature further recognizes that
emergency medical care and transportation
methods are constantly changing and conditions in the various regions of the state
18.71.230
REVOCATION OF RIGHT OF CANAPH.xggAN IQ PRACTI£~GgQ!!NDS-=PiW=
~EDUR~
A right to practice medicine and
surgery by a Canadian physician in this
state pursuant to RCi 18.71.030 shall be
revocable by order of the director of the
Qll!!
(
96
]
EMERGENCY MEDICAL CARE AND TRANSPORTATION SERVICES
18.73.050
--------------------------------------------------------------------------------------vary markedly.
The legislature, therefore, seeks to establish a flexible method
of implementation and regulation to meet
those conditions. [1973 1st ex.s. c 208 §
1.)
18.73.020
~Qf~liSE~~IO~
Q[ 1QCAL QliQ!=
J!ANCEh .REG[LAI.IONh
!!.~2!!!!!.~MENTS
!J!Q
FEES.
The legislature further declares
Its-rntention to supersede all ordinances,
regulations, and requirements promulgated
by counties, cities and other political
subdivisions of the state of Washington,
insofar as they may provide for
the
regulation
of emergency medical care,
first aid, and ambulance services which do
not exceed the provisions of this chapter;
except that (1) license fees established
in this chapter shall supersede all license fees of counties, cities and other
political subdivisions of this state; and,
(2) nothing in this chapter shall alter
the provisions of RCW 18.71.020, 18.71.200, 18.71.210 and 18.71.220. [1973 1st
ex.s. c 208 § 2.]
18.73.030
DEFINITIONS.
Unless a different meaning-is-plainly-required by the
context, the following words and phrases
as used in this chapter shall have the
following meanings:
(1)
"Secretary" means the secretary of
the
department
of social and health
services.
(2)
"Department" means the department
of social and health services.
(3)
"Committee"
means the emergency
medical and ambulance review committee.
(4)
"Ambulance" means an emergency vehicle designed and used to transport the
ill and injured and to provide facilities
and equipment to treat patients before and
during transportation.
(5)
"First aid vehicle" means a vehicle
primarily designed and used to carry first
aid equipment and individuals trained in
first aid or emergency medical procedure.
(6)
"Emergency
medical
technician"
means a person who has successfully completed a prescribed course of instruction
and who has achieved a demonstrable level
of performance and competence to treat
victims of severe injury or other emergent
condition.
(7)
"Ambulance operator" means a person
who owns one or more ambulances
and
operates them as a private business,
(8)
"Ambulance director" means a person
who is a director of a service which
operates one or more ambulances provided
by a volunteer organization or governmental agency.
(9)
"First aid vehicle operator" means
a person who owns one or more first aid
vehicles and operates them as a private
business.
(10)
"First aid director" means a person who is a director of a serv~ce which
operates one or more first aid vehicles
1 97 3 RCW SUPP.
provided by a volunteer organization or
governmental agency.
(11)
"Emergency medical care" or "emergency medical service" means such medical
treatment and care which may be rendered
to persons injured, sick, or incapacitated
at the scene of such injury, sickness, or
incapacitation or in the ambulance.
(12)
"Medical equipment" means such facilities and equipment to be used in the
treatment of persons injured,
sick or
incapacitated
carried by ambulance or
first aid vehjcle.
(13)
"Communications system" means a
radio or landline network connected with a
dispatch center which makes possible the
alerting and coordination of personnel,
equipment,
and facilities.
[ 1973 1st
ex.s. c 208 § 3.]
18.73.040
~~~li§~~~!
~~QJ~AL !ND AM~[=
LANCE REVIEW COMMITTEE--CREATED--MEMBERSHIP:_TERMS::OFFICERS_:MEETINGS-=PER- Qii~
AND-EXPENSES~-~here-rs-create~-an- emergency-medical and ambulance review committee of nine members to be appointed by the
governor with the advice and consent of
the senate.
Members of the committee
shall be persons knowledgeable in specific
and general aspects of emergency medical
services. Members shall be appointed for a
period of three years;
except, that the
first appointees shall serve for terms as
follows:
Five for three years,
two for
two years, and two for one year.
Further,
the terms of those members representing
the same field shall not expire at the
same time.
The committee shall elect a chairman and
a vice chairman whose terms of office
shall be for one year each. The chairman
shall be ineligible for reelection after
serving two consecutive terms.
The committee shall meet on call by the
governor, the secretary or the chairman.
All appointive members of the committee,
in the performance of their duties, may be
entitled to receive per diem as provided
in RCW 43.03.050 and travel expenses as
provided in RCW 43.03.060.
[1973 1st
ex.s. c 208 § 4.]
18.73.050
LANCE REVIEW
EMERGE~!
MEDICA1 !J!Q AM~Q=
COMMITTEE--DUTIES--APPROVAL
oF-RULEs~io-REGULATroNs:---The--committee
shall~-advise--and assist the secretary on
the identification of the requirements for
prehospital emergency medical and ambulance services and practices and
the
formulation of implementation planning.
The secretary shall submit in writing to
each member of the committee all the rules
and regulations, other than procedural
matters,
proposed by him for adoption in
accordance with the procedures of chapter
34.04 RCW. Unless, within thirty days of
such notification, five of the members of
the committee notify the secretary in
writing of their disapproval of
such
proposed rules and regulations and their
( 97 ]
18.73.050
BUSINESSES AND PROFESSIONS
--------------------------------------------------------------------------------------reasons therefor, such rules and regulations shall be adopted by the secretary in
accordance with the procedures of chapter
34.04 RCW. [ 1973 1st ex.s. c 208 f 5.]
18.73.060
PLANNING AND SERVICE AREAS.
The secretary shall-designate-at-least
eight planning and service areas so that
all parts of the state are within such an
area. These d~signations are to be made
on the basis of convenience and efficiency
of delivery of needed emergency medical
services.
(2)
The secretary shall conduct a public hearing in a major city of each
planning and service area at least sixty
days prior to the formulation of a comprehensive plan for prehospital emergency
medical services. Such hearing shall (a)
afford an opportunity for participation by
those interested in the determination of
the need for, and the location of ambulances and first aid vehicles and (b)
provide a public forum that affords a full
opportunity for presenting views on any
relevant aspect of prehospital emergency
medical services. [1973 1st ex.s. c 208 §
(1)
6. ]
18.73.070
£Q~RSEH~N~1E R~A~==£Q~MUNJ=
!! SUffQE~ The secretary shall prepare
and adopt a comprehensive plan for prehospital emergency medical services in the
state for persons injured as a result of
motor vehicle accidents, suspected coronary victims, or persons suffering other
acute illnesses or trauma.
This plan
shall include, but not be limited to the
following: (1)
The training of individuals
in
cardiopulmonary resuscitation,
basic and advanced first aid, emergency
medical technician,
paramedic, and other
programs for the development of prehospital emergency medical services personnel
in the major city of each planning and
service area;
(2) the future development
of rules and regulations for certification
and licensure of prehospital emergency
medical services personnel; and,
(3)
the
study of prehospital emergency medical
services needs, such as facilities, vehicles, equipment, communications and personnel in the state.
The secretary shall encourage communities to support the care and services
required to meet the provisions of this
plan or to develop such care and service.
If any community is unable to provide the
facilities, vehicles, equipment and personnel required, the secretary shall inform the committee
thereof
and
the
committee shall take such further action
as it deems advisable consistent with the
provisions of this chapter.
[1973 1st
ex.s. c 208 § 7.]
[ 98
MINI.!1Y.!1 REQQIRMIDf!~ !Q !!~
(1)
It shall be the duty of
the secretary, pursuant to the policy set
forth in this chapter, to prescribe minimum requirements for:
(a)
Ambulances;
(b)
First aid vehicles; and
(c)
Communication equipment.
These requirements shall be
reviewed
regularly.
(2)
The secretary shall also prescribe,
pursuant to the policy set forth in this
chapter, minimum requirements for training
of all first aid and ambulance personnel
rendering emergency medical care or first
aid.
{3)
The secretary shall also cooperate
with and assist the other agencies of
state government and political subdivisions of the state of washington who
provide first aid and emergency medical
training to ensure that this training is
available in each planning and service
area of the state pursuant to the policy
set forth in this chapter.
(4)
The secretary shall also prescribe
minimum requirements for liability insurance to be carried by ambulance operators
except that this requirement shall not
apply
to
self-insured public bodies.
[ 1973 1st ex.s. c 208 § 8.]
18.73.080
PRESCSIB~
18.73.090
~.!1~§~~~! MEDICAL COMMUNICATIONS.
The secretary -shall- -establish
standards for emergency medical communications for use in connection with the
delivery of emergency medical .services.
He shall, in conjunction with other agencies of state government and political
subdivisions of the state of Washington,
encourage establishment of a state-wide
communication system utilizing presently
available facilities and such additional
facilities as they become available; except, that each ambulance and first aid
vehicle licensed under provisions of this
chapter shall be equipped with transmitting and receiving equipment.
[1973 1st
ex.s. c 208 § 9.]
~!fe£1iyg £~!g~
The effective date of
this section is January 1, 1976; see RCW
18.73.910.
18.73.100
!AlilAB~E
FROM
STANDARDS.
Upon the establishment -of-this-chapter;
the secretary may grant variance from
standards only when compliance can be
expected to create prohibitive costs or
cause substantial reduction or loss of
existing service. Variance may be granted
for a period of not more than one year.
The variance may be renewed upon approval
of the committee. [ 1973 1st ex.s. c 208 §
10. J
Effective date: The effective date of
thiS--section--rs January 1, 1976; see RCW
18.73.910.
]
EMERGENCY MEDICAL CARE AND TRANSPORTATION SERVICES
18.73.150
-------------------------------------------------------------~------------------------
18.73.110
~~~BQ~!CY ~~DI£!1 !~CH!!fiA~
~~Til1fAIES:-_!SSQA!£~==2UALil1~ATIO!==
R~IfRQfi!I==l~~==RYli!!IOH~ The secretary
shall
specify the level of knowledge
required to qualify as an emergency medical technician and shall issue a certificate of qualification to those applicants
who pass a written and practical examination given under the secretary's direction, or who provide proof of having
graduated, with satisfactory performance,
from a course of instruction, of not less
than eighty hours, approved by the secretary.
Reciprocity may be arranged, in
granting emergency medical technician certificates,
with a national certifying
organization whose standards are at least
equal
to
those
established
by the
secretary. ,
A fee shall be established; except, that
no fee shall be required of active volunteer personnel for such certificate.
The certificate shall be valid for a
period of three years and may be renewed
at expiration upon proof that the holder
has attended a refresher course recognized
by the department, or upon passing an
examination such as given to new applicants. [1973 1st ex.s. c 208 § 11.]
18.73.120
CERI!FI~AI~
Ql
AQ!~~~~
IIR2! AI~ QUA11II£!IION_=I22~A!£~--QQBA=
!IOB==!~~--E!EMPIIQB~
The secretary shall
issue a certificate of advanced first aid
qualification to those applicants
who
provide proof of advanced Red Cross training or its equivalent.
The certificate
shall be valid for a period of three
years, and may be renewed at expiration
upon proof that the holder has received a
recognized Red Cross refresher course or
its equivalent, or upon passing an exami~
nation such as that given new applicants.
A fee shall be established for such
certificate: except, that law enforcement
officers,
fire fighting personnel, or
other governmental personnel required to
have advanced first aid qualification as a
qualification for employment shall
be
exempt from this fee. [1973 1st ex.s. c
208§12.]
18.73.130
AMBQ1AH£~
OP~E!IQRL
AMBU=
pNCE QIR~CTORL fiRST !ID VE!!I£!& Qg~RATQ!l
QE FIRS! AID ]lE~£!0R 1IC~NS~2==!1EQUIRED==
~xc~g1IQHS--QURAIIO!==f~2~
An ambulance
operator, ambulance director,
first aid
vehicle operator or first aid director may
not operate a service in the state of
washington without holding a license for
such operation, issued by the secretary
when such operation is consistent with the
comprehensive plan established pursuant to
RCW 18.73.070, indicating the general area
to be served and the number of vehicles to
be used, with the following exceptions:
(1)
The United States government;
(2)
Ambulance operators and ambulance
directors
providing
service in other
1973 RCW SUPP.
states when bringing patients into this
state;
(3)
Owners of businesses in which ambulance or first aid vehicles are used
exclusively on company property but occasionally in emergencies may bring patients
to hospitals not on company property;
(4)
Operators of vehicles pressed into
service for transportation of patients in
emergencies when licensed ambulances are
not available or cannot meet overwhelming
demand.
The license shall be valid for a period
of three years and shall be renewed on
request provided the holder has consistently complied with the regulations of
the department and the department of motor
vehicles and provided also that the needs
of the area served have been met satisfactorily.
The
license
shall
not be
transferable.
A license fee shall be required for
ambulance operators and first aid operators. (1973 1st ex.s. c 208 § 13.]
~t!gct!~ gg!g~
The effective date of
this section is January 1, 1976; see RCW
18.73.910.
18.73.140
~BULAN£~
11£~!~~2==I22Y=
AH£~==QY!l!IIQH==REVOCAIIQH==FE~==I!2E~£=
!IQB2~
The secretary shall approve the
issuance of an ambulance license for each
vehicle so designated. The license shall
be for a period of one year and may be
reissued on expiration if the vehicle and
its operation meet requirements in force
at the time of expiration of the license
period. The license may be revoked if the
ambulance is found to be operating in
violation of the regulations promulgated
by the department or without required
equipment. The license shall be terminated automatically if the vehicle is sold
or transferred to the control of anyone
not currently licensed as an ambulance
operator or ambulance director. The ambulance license number shall be prominently
displayed on each vehicle.
A fee shall be established for vehicles
operated by an ambulance operator.
Licensed ambulances shall be inspected
periodically by the secretary at
the
location of the ambulance station. Inspection shall include adequacy and maintenance of medical equipment and supplies
and the mechanical condition of the vehicle including its mechanical and electrical equipment. [1973 1st ex.s. c 208 §
14. ]
~i~££iyg date:
The effective date of
this section-Is-January 1, 1976; see RCW
18.73.910.
18.73.150
An]~bANc~ E~R2QMNEL RgQUIR~=
Any ambulance operated as such
shall operate with sufficient personnel
for adequate patient care, at least one of
~!!2~
[ 99 )
18.73.150
BUSINESSES AND PROFESSIONS
---------------------------------------------------------------------------------------whom shall be an emergency medical technician under standards promulgated by the
secretary. The emergency medical technician shall have responsibility for its
operation and for the care of patients
both before they are placed aboard the
vehicle and during transit. If there are
two or more emergency medical technicians
operating the ambulance, a
nondriving
medical technician shall be in command of
the vehicle. The emergency medical techn~c1an
in command of the vehicle shall be
in the patient compartment and in attendance to the patient.
The driver of the ambulance shall have
at least a certificate of advance first
aid qualification issued by the secretary
pursuant to RCW 18. 73.120.
[ 1973 1st
ex.s. c 208 § 15.]
Effective date:
The effective
date
of
this--se~tion--Is January 1, 1976; see RCW
18.73.910.
18.73.160
FIRST AID VEHICLE LICENSES--
1SSQ!NC]=-R]!Q~!!ION==fEE- IN~f~£IIONS7__ _
The secretary shall approve the issuance
of a first aid vehicle license for each
vehicle so designated. The license shall
be for a period of one year and may be
reissued on expiration if the vehicle
meets requirements in force at the time of
expiration of the license period. The
license may be revoked if the vehicle is
found to be operating in violation of
regulations promulgated by the department
or without required equipment. The license shall be terminated automatically if
the vehicle is sold or transferred to the
control of anyone not currently licensed
as a first aid vehicle operator or first
aid d~rector.
The first aid
vehicle
license number shall be prominently displayed on each vehicle.
A fee shall be established for vehicles
operated by a first aid vehicle operator.
Licensed first aid vehicles shall be
inspected periodically by the secretary at
the location of the first aid vehicle
station. Inspection shall include adequacy and
maintenance of medical equipment
and supplies and the mechanical condition
of the vehicle, including mechanical and
electrical equipment. [1973 1st ex.s.
c
208 § 16. ]
~ff~£1iyg dat~
The effective date of
this section is January 1, 1976; see RCW
18.73.910.
18.73.170
FIRST AID VEH!£1~~==~RSON=
NEL--USE. The first aid vehicle shall be
operated- by at least one person certificated pursuant to RCW 18.73.120 and under
standards promulgated by the secretary.
The first aid vehicle may be used for
transportation of patients only when it is
impossible or impractical to obtain an
ambulance or when a wait for arrival ot an
ambulance would place the life of the
patient in jeopardy;
except, that the
vehicle shall be under the command of a
person certificated pursuant ~o RCW 18.73.120 other than the driver and shall be in
attendance to the patient.
[1973 1st
ex. s. c 20 8 § 17 • ]
Effective date:
The effective
date
of
this--section-~s January 1, 1976; see RCW
18.73.910.
18.73.180
OTHEB TRANSPORTATION VEHICLES. Other vehicles-not--herein--defined
by--this chapter shall not be used commercially or by public s~rvices for transportation of patients who must be carried on
a stretcher and who required attention en
route, except that such transportation may
be used when directed by a physician, or
when a disaster creates casualties in
numbers that cannot be served by ambulances, or when any casual transportation
of the infirm from his home or a health
facility for routine medical treatment or
care or for recreational and social pur~
poses is desired. [1973 1st ex.s. c 208 §
18. ]
Effective date: The effective date of
thiS--section--Is January 1, 1976; see RCW
18.73.910.
18.73.190
!IOLAIION~==PENA1II~~~
Any
person who shall violate any of
the
provisions of this chapter and for which a
penalty is not provided shall be deemed
guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum
not exceeding one hundred dollars, or may
be imprisoned in the county jail not
exceeding six months. [ 1973 1st ex.s. c
208 § 19.]
~!!~£1iyg gg1~~
this section
18.73.910.
The effective date of
is January 1, 1976; see RCW
18.73.200
ADMINISTR!IIVE fliQ£~QURE !£1
APPLICABLE. The administrative procedure
ac;;--chapter 34.04 RCW, shall wherever
applicable govern the rights, remedies,
and procedures respecting the adminis_tra~
~ion of this chapter.
[1973 1st ex.s. c
20 8 § 21. ]
18.73.900
SEVERABILITY--1973 1ST EX.S.
£ 20~ If any provision of this 1973-act;
or the application thereof to any person
or circumstance is held invalid, this
invalidity shall not affect other provisions or applications of the act which can
be given effect without the invalid provision or application, and to this end the
provisions of this act are declared to be
severable. [1973 1st ex.s c,208 § 20;]
[ 100 ]
REAL ESTATE BROKERS AND
SALES~EN
18.85.120
--------------------------------------------------------------------------------------be sold by any member for an agreed
portion of the commission to be paid; and
(b) Which require in a real estate listing agreement between the seller and the
broker, that the members of the real
estate multiple listing association shall
have the same rights as if each had
executed a separate agreement with the
seller.
(9) "Clock hours of instruction" means
actual hours spent in classroom instruction in any tax supported, public vocational-technical institution,
community
college,
or any other institution of
higher learning or a correspondence course
from any of the aforementioned institutions certified by such institution as the
equivalent of the required number of clock
hours, and the real estate commission may
certify courses of instruction other than
in the aforementioned institutions. [1973
1st ex.s. c 57 § 1; 1972 ex.s. c 139 § 1;
1969 c 78 § 1~ 1953 c 235 § 1; 1951 c 222
§ 1; 1943 c 118 § 1; 1941 c 252 § 2; Rem.
Supp. 1943 § 8340-25. Prior: 1925 ex.s.
c 129 § 4. ]
18.73.910
EFFECTIVE DATES--1973
1~1
Ex.s. c 2o8. The-provisions-of-sections 1
through s-;inclusive, , 1, 12, 20, 21,
22,
and 23 of this 1973 act shall take effect
on July 1,
1973.
The provisions
of
sections 9, 10, and 13 through 19, inclusive, shall take effect on January 1,
1976. [1973 1st ex.s. c 208 § 22.]
Reviser's note:
Sections 1 through 8
are--codified--as RCW 18.73.010 through
18.73.080, respectively; sections 11 and
12 as RCW 18.73.110 and 18.73.120 respectively;
section 20 as RCW 18.73.900;
section 21 as RCW 18.73.200; section 22 as
RCW 18.73.910; sections 9 and 10 as RCW
18.73.090 and 18.73.100,
respectively;
sections 13 through 19 as RCW 18.73.130
through 18.73.190, respectively.
Chapter 18.85
REAL ESTATE BROKERS AND SALESHEN
18.85.010
Q~liNIIIONS~
In this chapter words and phrases have the following
meanings unless otherwise apparent from
the context:
(1) "Real estate broker," or "broker,"
means a natural or artificial person,
acting independently, who for commissions
or other compensation, engages in the
purchase, sale, exchange, rental, or negotiation
therefor, of real estat~; or
interests including leases and/or options
therein, and for business opportunities or
interest therein, belonging to others, or
sale of any interest in any formal or
informal association in which the purchaser acquires use of real property unless
the offering is registered with the state
of Washington, or holds himself out to the
public as being so engaged;
(2) "Real estate salesman" or "salesman"
means any natural person who represents a
real
estate
broker
in
any of his
activities;
(3) An 11 associate real estate broker" is
a person who has qualified as a "real
estate broker" who works with a broker and
whose license states that he is associated
with a broker;
(4) The word "personn as used in this
chapter shall be construed to mean and
include a corporation or copartnership,
except where otherwise restricted;
(5) "Business opportunityu shall mean
and include business, business opportunity
and good will of an existing business or
any one or combination thereof;
(6) 11 Commission" means the real estate
commission of the state of Washington;
(7} "Director" means the director of
motor vehicles;
(8) "Real estate multiple listing association" means any association of real
estate brokers:
(a) Whose members circulate listings of
the members among themselves so that the
properties described in the listings may
1 97 3 RCW SUPP.
[
18.85.120
APPLICAII0~2==~QNQ!I!ON2==
Any person desiring to be a real
estate broker, associate real estate broker, or real estate salesman ~ith the
exception of applicants meeting the requirements of RCW 18.85.161, must successfully pass an examination as provided in
this chapter,
and shall make application
to the director for a license, and upon a
form to be prescribed and furnished by the
director, giving his full name and business address.
With this application the
applicant shall:
(1)
Pay an examination fee of fifteen
dollars if a salesman's license is applied
for
and of twenty-five dollars if a
broker's license is applied for, such fees
to accompany the application.
(2)
If the applicant is a corporation,
furnish a list of its officers and directors and their addresses, and if the
applicant is a copartnership, a list of
the members thereof and their addresses.
(3)
If the applicant is a nonresident
of this state, give an irrevocable consent
that suits and actions may be commenced
against him in any county of this state in
which the plaintiff resides, and that
service of any process or pleadings may be
made by delivery thereof to the director.
Such service shall be held in all courts
as valid and binding upon the applicant.
The irrevocable consent shall be in a form
prescribed by the director, acknowledged
before a notary public and, if the applicant is a corporation, shall be accompanied by a certified copy of the resolution
of the board of directors authorizing the
execution of the same.
Any process or
pleading so served upon the director shall
be in duplicate copies, one of which shall
be filed in the office of the director,
and the other immediately forwarded by
registered mail to the office address of
!~~2~
10,
18.85.120
BUSINESSES AND PROFESSIONS
--------------------------------------------------------------------------------------the applicant given in his application,
and service shall be deemed to have been
made upon the applicant on the third day
following the deposit in the mail of such
copy.
(4)
Furnish such other proof as the
director may require concerning the honesty,
truthfulness, and good reputation, as
well as the identity,
including but not
limited to fingerprints, of any applicants
for a license, or of the officers of a
corporation making the application. [1973
1 st e x • s . c 4 2 § 1 ; 1 9 5 3 c 2 3 5 § 6 ; 1 9 5 1 c
222 § 10. Formerly:
(i) 1947 c 203 § 1,
part; 1945 c 111 § 3, part; 1943 c 118 §
2, part; 1941 c 252 § 11, part; Rem. Supp.
1947 § 8340-34, part; prior: 1925 ex.s. c
129 §§ 10, 11.
(ii) 1947 c 2('3 § 3; 1945
c 111 § 6; 1941 c 252 § 16; Rem.
Supp.
1947 § 8340-39.]
18.ss.41o
11£ENSE~~
~~1]
Qr
Y~]] ~Q~I1~ nQ~Es ~!
{1)
Any person licensed under
the provisions of this chapter may sell a
used mobile home as defined in RCW 84.36.370 without obtaining a license required
by chapter 46.70 RCW:
PROVIDED, That the
mobile
home is no longer subject to
chapter 46.12 RCW and the title has been
turned in to the department of motor
vehicles with a written statement from the
county assessor of the county in which the
mobile home is located, that said mobile
home is no longer personal property and
has been assessed as real property for a
period of at least one year: AND PROVIDED
FURTHER, That the mobile home is sold in
one transaction with the land on which it
rests.
(2)
In order to carry out the provisions of this section, the director of the
department of motor vehicles shall prescribe by rule or regulation methods and
procedures to assure compliance with the
requirements of Title 46 RCW pertaining to
mobile homes, collection of taxes, and
transaction documentation.
[1973
1st
ex. s. c 60 § 1. ]
Chapter 18.88
REGISTERED NURSES
(FORMERLY:
REGISTERED PROFESSIONAL
NURSES)
18.88.010
§!~~~!
OF RQ1ICI~
In
order to safeguard life, health and to
promote public welfare, any person practicing or offering to practice nursing as
a registered nurse in this state shall
hereafter be required to submit evidence
that he or she is qualified so to practice, and shall be licensed as hereinafter
provided. The registered nurse is directly accountable and responsible to the
individual consumer for the quality of
nursing care rendered. [1973 c 133 § 1;
1949 c 202 § 1; Rem. Supp. 1949 § 101731• ]
[ 102
~~ve.r.£Bi1H.Y=.l2.1J £ 111.:. "If any provision of *this 1973 amendatory act, or its
application to any person or circumstance
is held invalid, the remainder of the act,
or the application of the provision to
other persons or circumstances is not
affected.. [ 1973 c 133 § 31.]
!B~!l:§~l:~§ l!Q!~
"this 1973 amendatory
act" (1973 c 133] consists of RCW 18.88.300 and the 1973 c 133 amendments to RCW
18.88.010, 18.88.020,
18.88.030, 18.88.050, 18.88.060, 18.88.070,
18.88.080,
18.88.090, 18.88.100,
18.88.110,
18.88.120, 18.88.130, 18.88.140,
18.88.150,
18.88. 160, 18.88.170,
18.88.180,
18.88.190, 18.88.200, 18.88.220,
18.88.230,
18.88.240, 18.88.250,
18.88.260,
18.88.265, 18.88.270, 18.88.280, 18.88.285, and
18.88.300,
and to the repeal of RCW
18.88.040.
18.88.020
1I£]NSIN§ B~QUIB~Q~
After
the first day of July, 1949, it shall be
unlawful for any person to practice or to
offer to practice as a registered nurse in
this state or to use any title,
sign or
device to indicate that such a person is
practicing as a registered nurse unless
such person has been duly licensed and
registered under the prov1s1ons of this
chapter. [ 1973 c 133 § 2; 1949 c 202 § 2;
Rem. Supp. 1949 § 1'}173-2. Prior:
1909 c
41 § 1.]
~~~gQilit .Y==:12 7 3
£
following RCW 18.88.010.
113:
See
note
18.88.030
DEFINITIONS--CONSTRUCTION-~~tR!IQli~~ whenever-used-rn--this--Chip=
ter,
terms defined in this section shall
have the meanings herein specified unless
the context clearly indicates otherwise.
The practice of nursing means the performance of acts requiring substantial
specialized knowledge, judgment and skill
based upon the principles of the biological, physiological, behavioral and sociological sciences in either:
(1)
The observation, assessment, diagnosis, care or counsel, and health teaching of the ill, injured or infirm,
or in
the maintenance of health or prevention of
illness of others.
(2)
The performance of such additional
acts reguiring education and training and
which are recognized jointly by the medical and nursing professions as proper to
be performed by nurses licensed under this
chapter and which shall be authorized by
the board of nursing through its rules and
regulations.
(3)
The
administration, supervision,
delegation and evaluation of nursing practice:
PROVIDED, HOWEVER, That nothing
herein shall affect the authority of any
hospital,
hospital
district,
medical
clinic or office, concerning its administration and supervision.
(4)
The teaching of nursing.
REGISTERED NURSES
18.88.080
--------------------------------------------------------------------------------------(5)
The executing of medical regimen as
prescribed by a licensed physician, osteopathic physician, dentist, or chiropodist.
Nothing in this chapter shall be construed as prohibiting any person from
practicing any profession for which a
license shall have been issued under the
laws of this state or specifically authorized by any other law of the state of
washington.
This chapter shall not be construed as
prohibiting the nursing care of the sick,
without compensation,
by any unlicensed
person
who does not hold herself or
himself out to be a registered nurse, and
further, this chapter shall not be construed as prohibiting the practice of
practical nursing by any practical nurse,
with or without compensation in either
homes or hospitals.
The word "board" means the washington
state board of nursing.
The term "department" means the department of licenses.
The word "diagnosis", in the context of
nursing practice, means the identification
of, and discrimination between,
the person's physical and psycho-social signs and
symptoms which are essential to effective
execution and management of the nursing
care regimen.
The term "diploma" means written official verification of completion of an
approved nursing education program.
The term "director" means the director
of licenses.
The terms "nurse" or "nursing" wherever
they occur in this chapter, unless otherwise specified, for the purposes of this
chapter shall mean a registered nurse or
registered nursing. [ 1973 c 133 § 3; 1961
c 288 § 1; 1949 c 202 § 4; Rem. Supp. 1949
§ 10173-3. Prior: 1909 c 41 § 10.]
~ev2~~£ili1Y=_1~11
£
following RCW 18.88.010.
18.88.040
NUR~~
1111
See
note
PLANNING COUNCIL CRE-
!TEQ_--Dg!1ES~ [1949 c-202~-3;-Rem:-supp:
1949 § 10173-2a.] Repealed by 1973 c 133
§ 30.
18.88.05n
STATE BOARD OF NURSING--MEMBERS--TERMS. The-~tate~oard-o~-nllrsing;
after July-,, 1973, shall consist of seven
members, to be appointed by the governor,
two of whom shall be appointed for a term
of two years, two for a term of four
years, and three for a term of five years.
Thereafter all appointments shall be for
terms of five years. The terms of board
members in office at the time of the
*effective date of this 1973 amendatory
act shall end June 30, 1973.
No person
shall serve as a member of the board for
more than two consecutive terms.
The governor may remove any member from
the board for neglect of any duty required
by law, or for incompetency or unprofessional or dishonorable conduct.
Vacancies
1973 RCW SUPP.
in the membership of the board shall be
filled for the unexpired term by appointment by the governor as herein provided.
[1973 c
133 § 4;
1949 c 202 § 5; Rem.
Supp. 1949 § 10173-4. Prior: 1909 c 41 §
2. ]
*Reviser's note:
the "effective date of
this-1973-amendatory act", (1973 c 133) is
June 7, 1973.
~§Y2~hi1i!Y~1~73
£
following RCW 18.88.010.
1111
See
note
18.88.060
QQAL!IIC!!!QNS Qt ~Q!RQ ~~~=
BERS.
There shall be s1x nurse members
and-one public member on the board.
Each member of the board shall be a
citizen of the United States and a resident of this state.
(1)
Nurse members of the board shall
be:
(a)
Licensed as registered nurses under
the provisions of this chapter.
(b)
Have had at least five years experience in the active practice of nurs1ng
and shall have been engaged in practice
within two years of appointment.
(2)
The public member shall not be or
have been a member of any other licensing
board,
nor a licensee of any health
occupation board, an employee of
any
health facility, nor derive his primary
livelihood from the provision of health
services at any level of responsibility.
[1973 c 133 § 5; 1961 c 288 § 3;
1949 c
202 § 6; Rem.
Supp.
1949 § 10173-5.
Prior:
1923 c 150 § 3; 1909 c 41 § 2.]
~§Y§~hi1i1Y==~73
£
following RCW 18.88.010.
1111
See
note
18.88.070
~~ET!BQ~
QI
~Q!RQ~
The
board shall meet annually and at its
annual meeting shall elect from among its
members a chairman and a secretary.
The
board shall meet at least quarterly at
times and places it designates. It shall
hold such other meetings during the year
as may be deemed nec~ssary to transact its
business.
A majority of the board, including one officer, shall constitute a
quorum at any meeting. All meetings of
the board shall be open and public except
the board may hold executive sessions to
the extent permitted by chapter 42.30 RCW.
[1973 c 133 § 6;
1949 c 202 § 7; Rem.
Supp. 1949 § 10173-6. Prior: 1909 c 41 §
3.]
~§Y2rabi1i1Y==1~1J
£
following RCW 18.88.010.
113:
See
note
18.88.080
fQWER~
Qr ~QARQ==£Q~R~N~A=
I!QN Qt tl~tl~~R~~ The board may adopt such
rules and regula~ions not inconsistent
with the law,
as may be necessary to
enable it to carry into effect the provisions of this chapter.
The board shall
[ 10 3 ]
18.88.080
BUSINESSES AND PROFESSIONS
---------------------------------------------------~----------------------------------
QQALIFIC!!IONS Qf ~!tfUTI!~
The executive secretary shall
be a graduate of an approved nursing
education program and of a college and/or
university, with a masters degree, and
currently licensed under the provisions of
this chapter; shall have a minimum of at
least eight years experience in nursing in
any combination of administration
and
nursing education; and shall have been
actively engaged in practice of nursing or
nursing education within two years immediately prior to the time of appointment.
[ 1973 c
133 § 9; 1961 c 288 § 6; 1949 c
202 § 10; Rem. Supp. 1949 § 10173-Sa.]
approve curricula and shall
establish
criteria for minimum standards for schools
preparing persons for licensure under this
chapter.
It shall keep a record of all
its proceedings and make an annual report
to the governor. The board shall define
by regulation what constitutes specialized
and advanced levels of nursing practice as
recognized by the medical and nursing
professions.
The board may adopt regulations in response to questions put to it
by professional health associations, nursing practitioners and consumers in this
state concerning the authority of various
categories of nursing practitioners to
perform particular acts.
The board shall approve such schools of
nursing as meet the requirements of this
chapter and the board, and the board shall
approve establishment of basic nursing
education programs and shall establish
criteria as to the need for and the size
of a program and the type of program and
the
geographical location.
The board
shall establish criteria for proof of
reasonable currency of knowledge and skill
as a basis for safe practice after three
years nonpracticing status.
The board
shall establish criteria for licensure by
endorsement.
The board shall examine all
applications for registration under this
chapter, and shall certify to the director
for licensing duly qualified applicants.
The department
shall furnish to the
board such secretarial, clerical and other
assistance as may be necessary to effectively administer the provisions of this
chapter.
Each member of the board shall,
in addition to necessary traveling and
incidental expenses while away from home,
receive twenty-five dollars compensation
for each and every day engaged in the
discharge of his or her duties.
[1973 c
133 § 7; 1961 c 288 § 4; 1949 c 202 § 8;
Rem. Supp. 1949 § 10173-7. Prior: 1933 c
180 § 1; 1923 c 150 § 1; 1913 c 81 § 1;
1 90 9 c 41 § 3 • ]
~§.!:~bili1.Y= 1_273
£ 133:
following RCW 18.88.010.
See
18.88.100
SE~RETAR!.!.
~g!§£~bili1Y==1273
see
note
note
18.88.120
PERIODIC SURVEY OF SCHOOLS.
From time to-time-as
necessary-by
the board, it shall be its duty to survey
all schools of nursing in the state.
Written reports of such survey shall be
reviewed by the board.
If the board
determines that any approved school of
nursing is not maintaining the standards
required by the statutes and by the board,
notice thereof in writing, specifying the
defect or defects shall be given to the
school.
A school which fails to correct
these conditions to the satisfaction of
the board within a reasonable time shall,
upon due notice to the school, be removed
from the list of approved schools of
nursing to be maintained by the department.
(1973 c 133 § 11; 1949 c 202 § 12;
Rem. Supp. 1949 § 10173-10.]
deemed
note
~gyg£~Eili!Y
1211 £ 133~
following RCW 18.88.010.
See
note
18.88.130
QQhLifiC!IlQ!~ Qf !Rg1I~!!!2
fQli 1IC~~~.!.
An applicant for a license
to practice as a registered nurse shall
submit
to the board (1)
an attested
written application on department for~;
(2)
written official evidence of diploma
note
following RCW 18.88.010.
(
See
See
The director shall appoint, after consultation with the board, an executive secretary who shall act to carry out the
provisions of this chapter. The director
shall also employ such assistants licensed
under the provisions of this chapter as
shall
be necessary to carry out the
provisions of this chapter. The director
shall fix the compensation and provide for
necessary travel expenses for such appointee and all such $mployees. (1973 c 133 §
8; 1961 c 288 § 5; 1949 c 202 § 9; Rem.
Supp. 1949 § 10173-8.]
1211 £ 1111
111~
18.88.110
APPROVAL OF NURSING SCHOOLS.
An
institution--desiring--to--conduct--a
school of professional nursing shall apply
to the board and submit evidence that:
(1)
It is prepared to carry out the
approved basic professional nursing curriculum, and
(2)
It is prepared to meet other standards established by this law and by the
board. surveys of the schools and institutions and agencies to be used by the
schools shall be made as determined by the
board.
If, in the opinion of the board,
the requirements for an approved school of
nursing are met, such school shall be
approved.
[1973 c 133 § 10; 1949 c 202 §
11; Rem. Supp. 1949 § 10173-9.]
18.88.C90
~XE~UTI!t
2t£RET!liY--A~=
I.ANTS==M.f!&Iill==~OMPENS!TIQ.L_
tXPtNS~~.!.
2g!~sEility
£
following RCW 18.88.010.
10 4
]
18.88.190
REGISTERED NURSES
--------------------------------------------------------------------------------------from an approved school of nursing;
and
(3)
any other official records specified
by the board. The applicant at the time
of such submission shall not be in violation of RCW 18.88.230 as now or hereafter
amended or any other provision of this
chapter.
The board,
by regulation, shall establish criteria for evaluating the education
of all applicants. ( 1973 c 133 § 12; 1961
c 288 § 7; 19!19 c 202 § 13; Rem.
supp.
1949 § 10173-11.
Prior: 1933 c 180 § 2;
1923 c 150 § 2; 1909 c 41 § !1.]
~gyg~gQili1~==1~11
£
following RCW 18.88.010.
1]1~
See
£
111~
See
note
18.88.150
£~~I£RO~ITY~
Upon board approval of the application, the department
shall issue a license to practice nursing
as a registered nurse without examination
to an applicant who has been duly licensed
as a registered nurse by examination under
the laws of another state, territory or
possession of the United States.
An applicant graduated from a school of
nursing outside the United States and
licensed by a country outside the United
States shall meet all qualifications required by this chapter and by the board
and shall pass examinations as determined
by the board.
[ 1973 c 133 § 14; 1961 c
1 97 3 RC'il SUPP.
~gygraQiliiY==121J
£
following RCW 18.88.010.
note
111~
See
18.88.160
1JCEN~~ FE~
Each applicant
for a license to practice as a registered
nurse shall pay a fee of twenty dollars to
the state treasurer.
( 1973 c 133 § 15;
1961 c
288 § 10; 1949 c 202 § 16; Rem.
Supp. 1949 § 10173-14.]
~gyggQiliiY=ll73
£
following RCW 18.88.010.
to pass a written examination in such
subjects as the board shall determine.
Each written examination may be supplemented by an oral or practical examination.
The
board shall establish the
standards for passing.
Upon approval by the board, the department shall issue an interim permit authorizing the applicant to practice nursing
pending notification of the results of the
first licensing examination following verification of diploma from an approved
school of nursing.
Upon the applicant
passing the examination, the department
shall issue to the applicant a license to
practice as a registered nurse.
If the
applicant fails the examination, the interim permit expires upon notification and
is not renewable.
Those applicants who
fail the first examination shall be allowed to submit themselves for one subsequent examination without payment of any
additional fee if such examination is to
be held within one year of the first
failure.
The board shall establish, by
rule and regulation, the
requirements
necessary to qualify for reexamination of
applicants who have failed. [1973 c 133 §
13;
1961 c 288 § 8; 1949 c 202 § 14; Rem.
supp. 1949 § 10173-12. Prior:
1933 c 180
§ 2; 19 2 3 c 150 § 2; 19 09 c 41 § ll. ]
~gyg~gQili~==1~11
1949
note
18.88.1!10
EXAMINATIONS--PERMITS
TO
£RAcTic~~ The-appiican~shaii-be-requirea
following RCW 18.88.010.
288 § 9; 1949 c 202 § 15; Rem. Supp.
§ 10173-13.
Prior: 1909 c 41 § 9.)
ll3:
See
note
18.88.170
USE OF NOMENCLATURE.
Any
person who holds-a IIcense-to-practice as
a registered nurse in this state shall
have the right to use the title "registered nurse" and the abbreviation "R.N.".
No other person shall assume such title or
use such abbreviation or any other words,
letters, signs or figures to indicate that
the person using same is a registered
nurse. [1973 c 133 § 16; 1949 c 202 § 17;
Rem. Supp. 1949 § 10173-15.]
~gyggQi1i1Y==1~73
£
following RCW 18.88.010.
111~
See
note
18.88.180
EXISTING £RA£IITIQN~£~~ Any
person holding a valid license to practice
nursing issued by authority of the state
when this chapter becomes effective shall
continue to be licensed as a registered
nurse under the provisions of this chapter.
[ 1973 c 133 § 17; 1949 c 202 § 18;
Rem. Supp. 1949 § 10173-16. Prior:
1909
c 41 § 5.]
~~ygraQi1i1Y==J273
£
following RCW 18.88.010.
1J3:
See
note
18.88.190
RENEWAL
OF LICENSES--FEE.
Every license issued-under the--provisions
of this chapter shall be renewed, except
as hereinafter provided.
At least thirty
days prior to expiration, the director
shall mail a notice for renewal of license
to every person licensed for the current
licensing period.
The applicant shall
return the notice to the department with a
renewal fee of five dollars before the
expiration date.
Upon receipt of the
notice and appropriate fee the department
shall issue to the applicant a license
which shall render the holder thereof a
legal practitioner of nursing for the
period stated on the license. (1973 c 133
§ 18; 1971 ex.s. c 266 § 18; 1961 c 288 §
11; 1949 c 202 § 19;
Rem.
Supp.
1949 §
10173-17.
Prior:
1933 c 180 § 1; 1909 c
41 § 3.]
~gygraQiliiY==ll73
£
following RCW 18.88.010.
[ 105 ]
133~
See
note
18.88.2CO
BUSINESSES AND PROFESSIONS
--------------------------------------------------------------------------------------18.88.200
PENALTY FOR FAILURE TO RE!f.EW~
Any
allowshis-or her
license to lapse by failing to renew the
license, shall upon application for renewal pay a penalty of five dollars.
If the
applicant
fails to renew the license
before the end of the current licensing
period, the license shall be issued for
th~ next licensing period by
the department upon written application and fee of
twenty dollars.
(1973 c 133 § 19; 1961 c
288 § 12; 1949 c 202 § 20; Rem. supp. 1949
§ 10173-18.
Prior:
1933 c 18C § 1.]
limsee who
~gy~£ili1I= 1973
£ 133~
following RCW 18.88.010.
see
note
TEMPORARY
~£;I.H£;.!1]1!:I=£;:l1.:
li]OW1£;~gj--AND SKJ11 !FT~R l!:Ql!:=
.fRA~I~Il!:g, ~IATUS lOR I!!REE Q~ HQ.R~ !EAR.§..:.
A person licensed under the provisions of
this chapter desiring to retire temporarily from the practice of nursing in this
state shall send a written notice to the
director.
Upon receipt of such notice the name of
such person shall be placed upon the
nonpracticing list.
While remaining on
this list the person shall not be subject
to the payment of any renewal fees and
shall not practice nursing in the state as
provided in this chapter.
When
such
person desires to resume practice, application for renewal of license shall be
made to the board and renewal fee payable
to the state treasurer.
Persons on nonpracticing status for th~ee years or more
must provide evidence of knowledge and
skill of current practice as required by
the board or as hereinafter in
this
chapter provided. [1973 c 133 § 20; 1949
c 202 § 22; Rem. Supp.
1949 § 10173-20.
Prior:
1933 c 180 § 1.]
1-8. 88. 2 20
Q~l!:~~
Ql
~gy_grabili1Y
1971
.£
following RCW 18.88.010.
111~
See
note
DE1!:1!1L ~!Qf!IIQN QR
1ICENS!==B~I~~AN~~..:.
Upon
.§Q.§.:
recommendation of the board, the department
shall deny, or after a hearing by the
board, shall revoke or suspend the license
upon finding that the person:
(1)
Procured or attempted to procure the license
by fraud or deceit;
or
(2)
has been
convicted
of a crime involving moral
turpitude; or (3) is habitually intemperate in the use of or is addicted to any
habit forming or other dangerous drugs; or
(4)
has engaged in distribution of drugs
for any other than legitimate purposes; or
(5) exhibits behaviors which may be due to
poor physical or mental health
which
create an undue risk that the person, as a
nursing practitioner, would cause harm to
other persons; or (6) has previously had a
registered nursing license revoked
or
suspended in this or any other state,
territory,
possession
of
the
united
states,
or country, unless reinstated; or
18.88.230
gEN§IQ!i Ql
[
(7) has been guilty of gross negligence in
the performance of acts of nursing practice;
or
(8)
has engaged in any act
inconsistent with generally accepted professional standards of good nursing practice; or (9) has knowingly engaged in any
act which, before it was committed,
had
been determined to be beyond the scope of
that person's nursing practice by regulation under this chapter; or (10) wilfully
violated any of the provisions of this
chapter or regulations adopted thereunder.
The department shall upon recommendation
from the board reissue a license that has
been revoked or suspended under the provisions of this section.
Application for
the reissuance of such license shall not
be considered prior to one year after
revocation and shall be made in such
manner as the board may specify. (1973 c
133 § 21; 1949 c 202 § 23; Rem. Supp. 1949
§ 1C173-21. Prior:
1909 c 41 § 6.]
See
note
18.88.240
PROCEDURE.
Any
licensee
shall be entitiea--to--a hearing by the
board before his or her license is revoked
or suspended.
In all proceedings having
for their purpose a revocation or suspension of a license to practice as
a
registered
nurse, the holder of such
license shall be given twenty days' no~ice
in writing by the director, which notice
shall specify the offense or offenses
against
this chapter with which such
accused person is charged, and shall also
give the day and place where the hearing
is to be held, which shall be the city of
Olympia, Washington, unless a different
place shall be fixed by the board.
Tlie
director or the chairman of the board
shall have the power to issue subpoenas to
compel the attendance of witnesses or the
production of books or documents.
The
accused person shall have the opportunity
to make his or her defense and may have
issued such subpoenas as he or she may
desire.
Subpoenas may be served in the
same manner as in civil cases in the
superior court.
Witnesses shall testify
under oath ad'ministered by the chairman of
the board. Testimony shall be taken in
writing and may be taken by deposition
under such rules as the board may prescribe.
The board shall hear and determine the charges and shall make findings
and conclusions upon the evidence produced; i t shall file the same with the
department,
together with a transcript of
all the evidence,
a duplicate copy of
which shall be served upon the accused.
The revocation or suspension of a license
to practice shall be in writing, signed by
the director or chairman of the board,
stating the grounds upon which such order
is based.
Neither the board nor any court
to which an appeal may be taken shall be
bound by strict rules of procedure or by
the rules of evidence in the conduct of
106 ]
18.88.280
REGISTERED NURSES
--------------------------------------------------------------------------------------its proceedings, but the determination
shall
be based upon sufficient legal
evidence to sustain it.
[ 1973 c 133 § 22;
1949 c 202 § 24; Rem. Supp. 1949 § 1011322.
Prior:
1909 c 41 § 6.]
~~!~t~£ili1~==1211 £
following RCW 18.88.010.
18.88.250
1111
See
APPEAL--ADMINISTRATIVE
note
PRO-
~EDQ~~ !~I AR£1ICABLE~-~ny-person~eeling
aggrieved by the refusal of the department
to issue any license provided for in this
chapter, or to renew the same, or by the
revocation or suspension of the license
issued under the provisions of this chapter, or any law being administered under
this chapter, shall have the right of
appeal in the manner provided by the
washington Administrative Procedure Act,
chapter 34.04 RCW. [1973 c 133 § 23; 1949
c 202 § 25; Rem. supp. 1949 § 10173-23.]
See
note
18.88.260
REPORTS OF VIOLATIONS--IN!ESTIQATIO!L.
Reported-violationsofthis
chapter shall be investigated by
the
department or the board, as appropriate.
In any case in which the department or
board finds that a violation has occurred,
it shall immedia~ely report the same to
the prosecuting attorney for the county in
which the violation took place for prosecution or to the board for appropriate
action.
[1973 c 133 § 24; 1949 c 202 §
26; Rem. Supp. 1949 § 10173-24.]
~~2£~Qilit~=-1971
£
following RCW 18.88.010.
111~
See
note
18.88.265
INJUNCTIONS TO PREVENT UNAUInQ~IZEQ PRA~TI~i~--The-board--of--nursing
may at its option by injunctive proceedings instituted by the attorney general,
prevent the practice of nursing by any
person not validly licensed. (1973 c
133
§ 25; 1961 c 288 § 15.]
133·
---.£.
See
note
18.88.270
VIOLATIONS--PENALTY.
It
shall be a gross--misdemeanor--for any
person to:
(1)
Sell or fraudulently obtain or furnish any nursing diploma, license, record
or registration, or aid or ab~t therein;
(2)
Practice nursing as defined by this
chapter under cover of any diploma,
license, record or registration illegally or
fraudulently obtained or signed or issued
unlawfully or under fraudulent representation or mistake of fact in a material
regard;
1 97 3 RCW SUPP.
(
(3)
Practice nursing as defined by this
chapter,
unless duly licensed to do so
under the provisions of this chapter;
(4)
!Jse in connection with his or her
name any designation tending to imply that
he or she is a registered, professional
nurse unless duly licensed to practice
under the provisions of this chapter;
(5)
Practice as a registered nurse during the time his or her license issued
under the provisions of this chapter shall
be suspended or revoked; and
(6)
Otherwise violate any of the provisions of this chapter. [1973 c 133 § 26;
1949 c 202 § 27; Rem. Supp. 1949 § 1017325.]
§~!~tS!:£i1H.Y=12 73
£
following RCW 18.88.010.
113:
See
note
18.88.280
EXCEPTED ACTIVITIES--LIMITARRA~!ICE:--This-chapter-shall--not
be construed as (1) prohibiting the incidental care of the sick by
domestic
servants or persons primarily employed as
housekeepers,
so long as they do not
practice professional nursing within the
meaning of this chapter, (2) or preventing
any person from the domestic administration of family remedies or the furnishing
of nursing assistance in case of emergency; (3)
nor shall it be construed as
prohibiting such practice of nursing by
students enrolled in approved schools as
may be incidental to their course of study
nor shall it prohibit such students working as nursing aides; (4) nor shall it be
construed as prohibiting auxiliary services provided by persons carrying out
duties necessary for the support of nursing service including those duties which
involve minor nursing services for persons
performed in hospitals, nursing homes or
elsewhere under the direction of licensed
physicians or the supervision of licensed,
registered nurses; (5)
nor shall it be
construed as prohibiting or preventing the
practice of nursing in this state by any
legally qualified nurse of another state
or territory whose engagement requires him
or her to accompany and care for a patient
temporarily residing in this state during
the period of one such engagement, not to
exceed six months in length,
if such
person does not represent or hold himself
or herself out as a nurse licensed to
practice in this state; (6) nor shall it
be construed as prohibiting nursing or
care of the sick, with or without compensation, when done in connection with the
practice of the religious tenets of any
church by adherents thereof so long as
they do not engage in the practice of
nursing as defined in this chapter;
(7)
nor shall i 1: be construed as pr·ohibi ting
the practice of any legally qualified
nurse of another state who is employed by
the United States government or any bureau, division or agency thereof, while in
the discharge of his or her official
duties;
(8) permitting the measurement of
IIQH Ql
107 )
18.88.280
BUSINESSES AND PROFESSIONS
--------------------------------------------------------------------------------------the powers or range of human v~s1on, or
the determination of the accommodation and
refractive state of the human eye or the
scope of its functions in general, or the
fitting or adaptation of lenses or frames
for the aid thereof; (9) permitting the
prescribing or directing the use of, or
using, any optical device in connection
with ocular exercises,
visual training,
v1s1on training or orthoptics; (10) permitting the prescribing of contact lenses
for,
or the fitting or adaptation of
contact lenses to, the human eye;
(11}
prohibiting the performance of routine
visual screening;
(12)
permitting
the
practice of dentistry or dental hygiene as
defined in chapter 18.32 and 18.29 RCW
respectively; (13) permitting the practice
of chiropractic as defined in chapter
18.25 RCW including the adjustment or
manipulation of the articulations of the
spine;
{14}
permitting the practice of
chiropody as defined in chapter 18.22 RCW;
(15)
permitting the performance of major
surgery, except such minor surgery as the
board may have specifically authorized by
rule or regulation duly adopted in accordance with the provisions of chapter 34.04
RCW; (16} permitting the prescribing of
controlled substances as defined in schedules I through IV of the Uniform Controlled Substances Act, chapter 69.50 RCW.
[1973 c 133 § 27; 1961 c 288 § 13; 1949 c
202 § 28; Rem. Supp. 1949 § 10173-26.]
~gy~rs~i1iiY==1~11
£
following RCW 18.88.010.
18.88.285
QE1I ]I
IIO~
111~
!~!~]til£~ ~AY ~~
See
note
PERfQBn~Q
11£~~]Q B~~l~I~B]Q M~S~~-=~~£~g=
A registered nurse under her or his
license may perform for compensation nursing care (as that term is usually understood)
of the ill, injured or infirm, and
in the course thereof, she or he is
authorized to do the following things
which shall not be done by any person not
so licensed, except as provided in RCW
18.78.182:
(1)
At or under the general direction
of a licensed physician, dentist, osteopath or chiropodist
(acting within the
scope of his or her license) to administer
medications,
treatments,
tests
and
innoculations, whether or not the severing
or penetrating of tissues is involved and
whether or not a degree of independent
judgment and skill is required.
(2)
To delegate to other persons engaged in nursing, the functions outlined
in the preceding paragraph.
(3) To perform specialized and advanced
levels of nursing as defined by the board.
(4)
To instruct students of nursing in
technical subjects pertaining to nursing.
(5)
To hold herself or himself out to
the public or designate herself or himself
as a registered nurse or nurse. (1973 c
133 § 28; 1967 c 79 § 9; 1961 c 288 § 14.]
[
~gy~~i1iii==~73
g j33~
following RCW 18.88.010.
see
note
18.88.300
RULE~!!~ REQ~1!TIQN~
The
department, subject to chapter 34.04 RCH,
the Washington Administrative Procedure
Act may adopt such reasonable rules and
regulations as may be necessary to carry
out the duties herein imposed upon it in
the administration of this chapter.
(1973
c 133 § 29.]
~~ghili!y
llll
£
following RCW 18.88.010.
11.3:
See
note
Chapter 18.106
PLUMBERS
18.106.010
DEFINITIONS.
Unless a different meaning Is-plainly-required by the
context, the following words and phrases
as hereinafter used in this chapter shall
have the following meaning:
(1)
"Advisory board" means the state
advisory board of plumbers;
(2)
"Apprentice plumber" means any person engaged in learning the trade of
plumbing and who, under the supervision of
a
journeyman plumber, performs the actual
work necessary to assemble, construct,
install, repair, or modify plumbing;
(3)
"Department" means the department
of labor and industries;
{4)
"Director" means the director of
department of labor and industries;
(5)
"Journeyman plumber" means any person who has been issued a certificate of
competency by the department of labor and
industries as provided in this chapter;
(6)
"Plumbing" means that craft involved in installing, altering, repairing and
renovating potable water systems and liquid
waste systems within a building:
PROVIDED, That installation in a water
system of water softening or water treatment equipment shall not be within the
meaning
of plumbing as used in this
chapter;
{7)
"Local enforcement agency" shall
mean any local governmental agency involved in the enforcement of plumbing codes
and the issuance of journeyman plumbers'
licenses. [1973 1st ex.s. c 175 § 1.]
£ERilllf!TE Q~ QQ~f~I]NCX==
(1)
No person shall engage in the business or trade
of plumbing as a journeyman without having
a current certificate of competency issued
by the department in accordance with the
provisions of this chapter.
(2)
No person shall engage in the business or trade of plumbing as an apprentice
without having a current apprentice permit
issued by the department in accordance
with
the provisions of this chapter.
[1973 1st ex.s. c 175 § 2.]
18.106.020
APgR~NTICE f~RMIT-=li~QIREJh
108 ]
18.106.070
PLUMBERS
--------------------------------------------- ...
!ff1IC!!lQB fQB £~li!!liC!!~
£0Mf~TEB£I=E.YIHNC~ OF £QHR~llB£! !!~.:
18.106.030
OF
QUIRE~
Any person desiring to be .issued
a certificate of competency as prov1ded in
this chapter shall deliver evidence in a
form prescribed by the department affirming that said person has had sufficient
experience in as well as demonstrated
general competency in the trade of plumbing so as to qualify him to make an
application for a certificate of competency as a journeyman plumber: PROVIDED, That
completion of a course of study in the
plumbing trade in the armed services of
the United States or at a school accredited by the coordinating council on occupational
education
shall
constitute
sufficient
evidence of experience and
competency to enable such person to make
application
for
a
certificate
of
competency.
In addition to supplying the evidence as
prescribed in this section, each applicant
for a certificate of competency shall
submit an application for such certificate
on such form and in such manner as shall
be prescribed by the director of the
department. [1973 1st ex.s. c 175 § 3.]
~------------------------
(2)
Whether the applicant is sufficiently
familiar
with the applicable
plumbing codes and the
administrative
rules and regulations of the department
pertaining to plumbing and plumbers.
The department shall administer the examination to persons eligible to take the
same under the provisions of RCW 18.106.04C.
All applicants shall, before taking
such examination, pay to the department a
fifteen dollar fee:
PROVIDED, That any
applicant taking said examination shall
pay only such additional fee as is necessary to cover the costs of administering
such additional examination.
The department shall certify the results
of said examination, and shall notify the
applicant whether he has passed or failed.
Any applicant who has failed the examination may petition the department to retake
the examination, upon such terms and after
such period of time as the director, in
cooperation with the advisory board, shall
deem necessary and proper.
[1973 1st
ex. s. c 17 5 § 5. ]
18.106.060
~XAMINATIQBS--LOC!b
AGEN.:
Any local
enforcement agency certified by the state
shall hold written examinations for li~ensing
journeyman plumbers and shall
retain fifty percent of the fees collected
for the administration of such examinations.
All such examinations given shall
be developed by the state agency and shall
be uniform throughout the state.
The
initial issuance of licenses and renewals
shall be made by any certified local
enforcement agency or the state, and fifty
percent of such fees shall be retained by
the certified local issuing agency.
[1973
1st ex.s. c 175 § 6.]
CI~§.==UNIFQ!U1I!!==FEES.
18.106.040
]!1~lB!I1QBS-=~1I2IBibl!I
]]QQIB~~]NT~=-D~I~MIB!!IQ~
Upon receipt
of the application and evidence set f9rth
in RCW 18.106.030, the director shall
review the same and make a determination
as to whether the applicant is eligible to
take an examination for the certificate of
competency.
To be eligible to take the
examination the applicant must have worked
as an apprentice plumber for three years
or have completed a course of study in the
plumbing trade in the armed services of
the United States or at a school accredited by the coordinating council on occupational education. No other requirement for
eligibility may be imposed. The director
shall establish reasonable rules and regulations for the examinations to be given
applicants for certificates of competency.
In establishing said rules, regulations,
and criteria, the director shall consult
with the state advisory board of plumbers
as established in RCW 18.106. 4 10.
Upon
determination that the applicant is eligible to take the examination, the director
shall so notify him, indicating the time
and place for taking the same. [1973 1st
ex. s. c 175 § 4. ]
18.106.050
EXAMINATIONS--SCOPE--FEE--
RESULTS--RETAKING:----The--department~--In
cooraination--;Ith the advisory
board,
shall prepare a written examination to be
administered to applicants for certificates
of competency.
The examination
shall be so constructed to determine:
(1)
Whether
the applicant possesses
varied general knowledge of the technical
information and practical procedures that
is identified with the status of journeyman plumber; and
1973 RCW SUPP.
Q!
18.106.070
~ERTIFICATE~
~Q~fET~!.:
CY==ISSU!B~~=-DURATION==R~NEWAL--I~~==
~IQtl!~
OF fiOLDER~
The department shall
issue a certificate of competency to all
~pplicants who have passed the examination
)rovided in RCW 18.106.050 and 18.106.060,
tnd who have otherwise complied with the
?revisions of this chapter and the rules
ind regulations promulgated thereto. The
certificate shall bear the date of issuance, and shall expire on the first of
July immediately following the date of
issuance. The certificate Shall be renewable annually,
upon application,
on or
before the first of July.
An annual
renewal fee of fifteen dollars shall be
assessed for each certificateA
The certificates of competency or permits provided for in this chapter shall
grant the holder the right to engage in
the work of plumbing as a journeyman
plumber in accordance with its provisions
throughout the state and within any of its
political subdivisions on any job or any
employment without additional proof of
competency or any other license or permit
or fee to engage in such work: PROVIDED,
[ 109 1
18.106.070
BUSINESSES AND PROFESSIONS
--------------------------------------------------------------------------------------notice shall enumerate the allegations
against such holder,
and shall give him
the opportunity to request a
hearing
before the advisory board. At such hearing, the department and the holder shall
have opportunity to produce witnesses and
give testimony.
The hearing shall be
conducted in accordance with the provisions of chapter 34.04 RCW.
The board
shall render its decision based upon the
testimony and evidence presented,
and
shall notify the parties immediately upon
reaching its decision.
A majority of the
board shall be necessary to render a
decision. (1973 1st ex.s. c 175 § 10.]
HOWEVER, That this shall not preclude
employees from adhering to a union security clause in any employment where such a
requirement exists.
[1973 1st ex.s. c 175
§ 7. ]
18.106.080
PERSONS ENGAGED IN PLUMBING
BUSINESS OR TRADE-ON-EFFECTIVE -DATE~---NO
examination --shall- be--required--of any
applicant for a certificate of competency
who, on July 16, 1973, was engaged in a
bona fide business or trade of plumbing,
or on said date held a valid journeyman
plumber's license issued by a political
subdivision of the state of washington and
whose license is valid at the time of
making his application for said certificate.
Applicants qualifying under this
section shall be issued a certificate by
the department upon making an application
as provided in RCW 18.106.030 and paying
the fee required under RCW 18.106.050:
PROVIDED, That no applicant under this
section shall be required to furnish such
evidence as required by RCW 18.109.030.
[1973 1st ex.s. c 175 § 8.]
18.106,110
ADVI§OR! ~Q~~ QI f1Q~~]E2~
(1)
There is created a state advisory
board of plumbers, to be composed of three
members appointed by the governor.
One
member shall be a journeyman plumber, one
member shall be a person conducting a
plumbing business, and one member from the
general public who is familiar with the
business and trade of plumbing.
( 2)
The initial terms of the members of
the advisory board shall be one, two, and
three years respectively as set forth in
subsec~ion
(1) of this section.
Upon the
expiration of said terms, the governor
shall appoint a new member to serve for a
period of three years.
In the case of any
vacancy on the board for any reason, the
governor shall appoint a new member to
serve out the term of the person whose
position has become vacant.
(3)
The advisory board shall carry out
all the functions and duties enumerated in
this chapter, as well as generally advise
the department on all matters relative to
this chapter.
(4)
Each member of the advisory board
shall receive compensation and expenses in
accordance with the provisions of RCW
43,03.050 and 43.03.060 for each day in
which such member is actually engaged in
attendance upon the meetings of the advisory board. [1973 1st ex.s. c 175 § 11.)
18.106.090
TEMPORARY PERMITS, The department is authorized-to-grant-and issue
temporary permits in lieu of certificates
of competency whenever a plumber coming
into the state of washington from another
state requests the department for a temporary permit to engage in the business and
trade of plumbing as a
journeyman during
the period of time between filing of an
application for a certificate as provided
in RCW 18.106.030 and taking the examination provided for in RCW 18.106.050 and
18.106.060:
PROVIDED, That no temporary
permit shall be issued to:
(1)
Any person who has failed to pass
the examination for a certificate
of
competency;
(2)
Any applicant under this section
who has not furnished the department with
such
evidence
required
under
RCW
18.106.030;
(3)
To any apprentice plumber.
[1973
1st ex.s. c 175 § 9.]
18.106.120
ARPRENTifES=-~QI§IR!IlQH==
IQ !QE~
(1)
Every apprentice
shall register with.the department.
(2)
The department shall issue to such
apprentice, upon such form and under such
terms as the director and the advisory
board shall by agreement deem proper, an
apprentice permit to work in the business
and trade of plumbing as an apprentice:
PROVIDED, That such work shall be done
under the superv1s1on of a
journeyman
plumber. [1973 1st ex.s. c 175 § 12.]
PER~IT
18.106.100
REYQ£!IIQH QI f~RT!liCAI~
Qf
CO~PE~NCY--QEQQHQ§=-PRQ~~QQRE~
(1)
The department may revoke any certificate
of competency upon the following grounds:
(a)
The
certificate
was
obtained
through error or fraud;
(b)
The holder thereof is judged to be
incompetent to carry on the business and
trade of plumbing as a journeyman plumber;
(c)
The holder thereof has violated any
of the provisions of this chapter or any
rule or regulation promulgated thereto.
(2)
Before any certificate of competency shall be revoked, the holder thereof
shall be given written notice of the
department's intention to do so, mailed by
registered mail, return receipt requested,
to said hold~r•s last known address.
Said
[
18.106.130
fLU~IHQ
CERTIFICATE FUND.
All moneys received from--certificates;
permits,
or other sources, shall be paid
to the state treasurer as ex officio
custodian thereof and by him placed in a
special fund designated as the "plumbing
certificate fund".
He shall pay out upon
110
]
DIGEST OF TITLE
TITLE 19
--------------------------------------------------------------------------------------vouchers duly and regularly issued therefor and approved by the director.
The
treasurer shall keep an accurate record of
payments
into said fund,
and of all
disbursement therefrom.
Said fund shall
be charged with its pro rata share of the
cost of administering said fund.
[1973
1st ex.s. c 175 § 13.)
18.106.140
POWERS AND DUTIES OF DIRECTOR.
The direCtOrmiyprc>iU19ate
specific decisions, orders, and rulings, including therein demands and findings, and take oth~r necessary action for
the implementation and enforcement of his
duties under this chapter: PROVIDED,
That
in the administration of this chapter the
director shall not enter any controversy
arising over work assignments with respect
to the trades involved in the construction
industry. [ 1973 1st ex.s. c 175 § 14.]
make
rules;
18.106.150
EXEMPTIONS FROM CHAPTER REQUIREn~lii~~ Nothing-In~his chapter-shall
be construed to require that a person
obtain a license or a certified plumber in
order to do plumbing work at his residence
or farm or place of business or on other
property owned by him.
Any person performing plumbing work on a farm may do so
without having a current certificate of
competency or apprentice permit:
PROVIDED, HOWEVER, That nothing in this chapter
shall be intended to derogate from or
dispense with the requirements of any
valid plumbing cod~ enacted by a political
subdivision of the state, except that no
code shall require the holder of a certificate of competency to demonstrate any
additional proof of competency or obtain
any other license or pay any fee in order
to engage in the trade of plumbing:
AND
PROVIDED FURTHER, That this chapter shall
not apply to common carriers subject to
Part I of the Interstate Commerce Act, nor
to their officers and employees:
AND
PROVIDED FURTHER, That nothing in this
chapter shall be construed to apply to any
farm, business, industrial plant, or corporation doing plumbing work on premises
it owns or operates:
AND PROVIDED FURTHER, That nothing in this chapter shall
be construed to restrict the right of any
householder to assist or receive assistance from a friend, neighbor, relative or
other person when none of the individuals
doing such plumbing hold themselves out as
engaged
in the trade or business of
plumbing. [ 1973 1st ex.s. c 175 § 15.]
18.106.160
PENALTY.
Violation of this
chapter or of--the -department rules and
regulations provided for in this chapter
by a person, firm, or corporation, shall
be punishable by a fine of not more than
fifty dollars. Each day of such violation
constitutes a separate offense.
[1973 1st
ex.s. c 175 § 16.]
1973 RCW SUPP.
[
TITLE 19
BUSINESS REGULATIONS--MISCELLANEOUS
Sections added, amended, or repealed:
19.09.010
19.09.020
19.09.030
19.C9.040
19.09.050
19.09.060
19.09.071)
19.09.080
19.09.090
19.09.100
19.09.110
19.09.120
19.09.130
19.09.140
19.09.150
19.09.160
19.09.170
19.09.180
19.09.190
19.09.200
19.09.210
19.09.220
19.09.230
19.C9.240
19.09.250
19.09.260
19.09.270
19.09.280
19.09.290
19.09.300
19.09.310
19.09.320
19.09.330
19.09.340
19.09.350
111 1
Purpose.
Definitions.
Exemptions.
organization ceasing to be exempt--Registration.
Professional fund raisers not
exempt.
Registration--Required.
Application for registration~
Filing--contents--Requirements.
Registration statement--Signing--Duration--Renewals.
Subsidiary organizations.
Examination by director--Limitations on costs of solicitations--Other requirements.
Registration or rejection-Order--Procedure.
Notice of intention to solicit--Short form report.
Short form report~Form-­
Reguirements.
Registration to be kept current--Amendments.
Register.
Registration not endorsement.
Registration and information
public records.
Identification card.
Professional fund raisers or
solicitors--Registration--Duration--Surety bond.
Books, records and contracts.
Financial statements--Special
reports.
Suspension of registration-Failure to file financial
statement or report-Examination.
Using the name of another
person.
Using similar name, symbol or
statement.
Advertising violations-Procedure.
Investigations--Powers and duties of director.
Viblations--Cease and desist
orders--Injunctions.
Revocation of registration-Grounds--Cease and desist order
as alternative.
Suits by or against charitable
organization--Notice.
Judicial review.
Rules and regulations.
Additional powers and dut~es of
director.
Local codes, ordinances, and
regulations.
Violations deemed unfair practice under chapter 19.86 RCW-Procedure.
Fees.
TITLE 19
BUSINESS REGULATIONS--MISCELLANEOUS
--------------------------------------------------------------------------------------19.09.360
19.09.370
19.09.900
19.09.910
19.16.120
19.16.160
19.16.230
19.16.245
19.16.350
19.16.351
19.16.360
19.16.370
19.16.400
19.16.430
19.16.440
Compliance required for
registration.
Radio, television stations,
newspapers exemp~--Exception.
Effective date--1973 1st ex.s.
c 13.
Severability--1973 1st ex.s. c
13.
Denial, suspension, revocation
or refusal to renew licenses-Grounds.
License and branch office certificate--Form--Contents-Display.
Licensee--Business office--Records to be kept.
Financial statement.
Board--Powers--Duties.
Additional powers and duties of
board.
Licenses--Denial, suspension,
revocation or refusal to renew-Hearing.
License--Denial, suspension,
revocation, or refusal to renew--Grounds.
In vest igat ions or proceedingsPowers of director or designees-Contempt.
Violations-Operating collection agency without a license-Penalty--Return of fees or
compensation.
Violations of RCW 19.16.110 and
19.16.250 are unfair and deceptive trade practices under
chapter 19.86 RCW.
~ha£1~ 1~~1~
19.24.1C·O
fQEY£igQ1
Pro1gf11Qll~
Doing business defined-Amenability to process--Service on
nonresidents.
£ha£1.g: 1h60 Pa,!D. ~I.QM.£2 and
hand Dealers.
19.60.060
~~!!.a­
Rates of interest and other
fees-Sale of pledged property.
£ha£1.g: j9.6§. Rebatillil .Qy R£aftition~
Qf tl~aling R£Q~~iong~
19.68.010
Rebating prohibited-Penalty.
£ha£!~ 12~11
19.72.030
£hapt~
~~~1I2hiE~
Individual sureties--NumberQualification.
j9.1QQ fran£hig Ill.!!i.§tmg!l! PrQ.:
!_gction.
19.100.010 Definitions.
19.1C0.180 Relation between franchisor and
franchisee--Rights and
prohibitions.
19.102.010 Definitions.
19.1C2.020 Chain distributor schemes pro•
hibited--Unfair practice.
19.105.200 Violations constitute unfair or
deceptive practice.
Chapter 19.09
CHARITABLE SOLICITATIONS
19.09.010
PURPOS~
The purpose of
this chapter is to protect the general
public and public charity in the state of
washington; to require full public disclosure of facts relating to persons and
organizations who solicit funds from the
public for public charitable purposes, the
purposes for which such funds are solicited, and their actual uses; and to prevent
deceptive and dishonest statements and
conduct in the solicitation of funds for
or in the name of charity.
(1973 1st
ex. s. c 13 § 1. ]
19.09.020
DEFINITIONS. When used in
this chapter, unless-the-context otherwise
requires:
(1) "Charitable
organization" means:
(a) Any benevolent, philanthropic, patriotic,
eleemosynary, education, social,
recreation, fraternal organization, or any
other person having or purporting to have
a charitable nature; and (b) which solicits or solicits and collects contributions
for any charitable purpose.
"Charitable"
shall have its common law meaning unless
the context in which it is used clearly
requires a narrower or a broader meaning.
(2)
"Contribution" means the donation,
promise or grant, for consideration or
otherwise, of any money or property of any
kind or value which contribution is wholly
or partly induced by a
solici~ation.
Reference to dollar amounts of "contributions" or "solicitations" in this chapter
means in the case of payments or promises
to pay for merchandise or rights of any
description, the value of the total amount
paid or promised to be paid for such
merchandise or rights, and not merely that
portion of the purchase price to
be
applied to a charitable purpose.
(3)
'''Compensation"
means
salaries,
wages, fees, commissions, or any other
remuneration or valuable consideration.
(4)
"Di:::ector" means the director of
the department of motor vehicles.
(5)
"Direct gift" shall mean and include an outright contribution of food,
clothing, money. credit, property; financial assistance or other thing of value to
be used for a charitable or religious
purpose and for which the donor receives
no consideration or thing of value in
return.
(6)
"Parent organization" means that
part of a charitable organization which
[ 112 ]
19.09.060
CHARITABLE SOLICITATIONS
--------------------------------------------------------------------------------------coordinates, supervises, or exercises control over policy, fund raising, or expenditures, or assists or advises one or more
chapters, branches, or affiliates of such
organization in the state of Washington.
(7)
"Person" means an individual, organization, group, association, partnership,
corporation, or any combination thereof.
(8)
"Professional fund raiser" means
any person who, for compensation, plans,
conducts, or manages any drive or campaign
in this state for the purpose of soliciting contributions for or on behalf of any
charitable organization or charitable purpose, or who engages in the business of or
holds himself out to persons in this state
as independently engaged in the business
of soliciting contributions for such purposes, or the business of planning,
conducting,
managing, or carrying on any
drive or campaign in this state for such
solicitations: PROVIDED, That the following persons shall not be deemed professional
fund
raisers
or professional
solicitors:
(a)
Bona fide officer or
employee
of a charitable organization
which maintains a permanent establishment
in the state of washington; who is employed and engaged as such officer or
employee principally in connection with
activities other than soliciting contributions or managing the solicitation of
contributions and whose salary ot other
compensation is not computed on funds
raised or to be raised~ (b) a clergyman of
a religious corporation exempt under the
provisions of RCW 19.09.030.
(9)
A "professional solicitor" means a
pe~son
other than a professional fund
ra~ser who is employed for compensation by
any person or charitable organization to
solicit contributions for charitable purposes from persons in this state.
(10)
"Sale and benefit affair" shall
mean and include, but not be limited to,
athletic or sports event, bazaar, benefit,
campaign, circus, contest, dance, drive,
entertainment,
exhibition,
exposition,
party, performance, picnic, sale, social
gathering, theater, or variety show which
the public is requested to patronize or
attend or to which the public is requested
to make a contribution for any charitable
or religious purpose connected therewith.
(11)
"Solicitation" means any oral or
written request for a contribution, including the solicitor's offer or attempt
to sell any property, rights, services, or
other thing in connection with which:
(a)
Any appeal is made for any charitable purpose; or
(b)
The name of any charitable organization is used as an inducement
for
consummating the sale; or
(c)
Any statement is made which implies
that the whole or any part of the proceeds
from the sale will be applied toward any
charitable
purpose or donated to any
charitable organization.
The solicitation shall be deemed completed when made,
whether or not the
1973 RCW SUPP.
person making it receives any contribution
or makes any sale.
[1973 1st ex.s. c 13 §
2. ]
19.09.030
EXEMPTIONS.
Except as otherwise specifically--provided in
other
sections of this chapter,
this chapter
shall not apply to the following:
(1)
Any organizations which are organized and operated principally for charitable
or
religious
or
educational
purposes, other than the raising of funds,
when the solicitation of contributions is
confined to the membership of the organization and when the solicitation is managed and conducted solely by officers and
members of such organizations who are
unpaid for such services.
The term "membership" shall not include
those persons who are granted membership
upon making a contribution as the result
of a solicitation.
(2)
Persons requesting any contributions for the relief of named individuals:
(a)
When the solicitation is managed
and conducted solely by persons who are
unpaid for such services and;
(b)
When the contributions collected do
not exceed the two thousand dollars in any
six month period; and
(c)
When all of the contributions collected, without any deductions whatsoever
except for the actual cost of a banquet,
dance, or similar social gathering, are
turned over to the named beneficiary or
beneficiaries.
(3)
Any char i t able organization which
does not solicit and collect contributions
in this state in excess of two thousand
dollars in any six month period if all
such fund raising functions are carried on
by persons who are unpaid for
their
services. [ 1973 1st ex.s. c 13 § 3.]
IQ ~~
Any charitable organization which ceases to be exempt under
the provisions of RCW 19.09.030 shall
register, within thirty days after the
date the charitable organization ceases to
be exempt, with the director as required
under RCW 19.09.060. [1973 1st ex.s. c 13
§ 4. ]
19.09.040
QEQAH!~~I!Qli f~~~!H~
]!~H£I==B~Q12IRATION~
19.09.050
PRQfESSIQli!1
!gliQ RAISERS
NO! EXEMf!~ A professional fund raiser-is
not exempted from any provision of this
chapter solely by reason of his acting for
an organization exempted under the provisions of RCW 19.09.030. [ 1973 1st ex.s. c
13 § 5.]
19.09.060
RE~STB!TION==REQ[!E~Q~
Except as otherwise provided in this chapter, no person may solicit contributions
on behalf of any charitable organization
from persons in this state by any means
[ 113 ]
19.09.060
BUSINESS REGULATIONS--MISCELLANEOUS
--------------------------------------------------------------------------------------whatsoever prior to the time the charitable organization is registered in accordance with this chapter.
[1973 1st ex.s.
c13§6.)
19.09.070
!Rg11CAIJQ~
!Q~
which such solicitation will generally
take place;
(11)
A financial statement of any funds
collected for charitable purposes by the
applicant for the last preceding fiscal
year.
said statement giving the amount of
money so raised together with the cost of
solicitations and final distribution of
the balance.
The financial
statement
shall be submitted on a uniform reporting
form provided by the director;
(12)
An irrevocable appointment of the
director to receive service of any lawful
process
in any noncriminal proceeding
arising under this chapter against the
applicant or his personal representative;
(13)
whether the organization is authorized by any other governmental authority
to solicit contributions and whether it is
or has ever been enjoined by any court
from soliciting contributions;
(14}
Such other information as may be
reasonably required, by the director, in
the public interest or for the protection
of contributors.
If there is any change, while any application is pending,
in fact,
policy, or
method that would alter the information
given in the application,
the applicant
shall
notify the director in writing
thereof within five days, excluding Saturdays,
Sundays and legal holidays after
such change.
(1973 1st ex.s. c 13 § 7.)
g~~1~I~!=
IIOl!==.E.Hll!~b-C.Q}!I!;l!:I~:=-R];.Q!llR.f!g,liTS.:.
An
application for registration of a charitable
organization,
as provided by RCW
19.09.060, shall be filed as prescribed by
rules and regulations which the director
may adopt and shall contain the following
documents and information:
(1)
The name of the charitable organization and the name under which it intends
to solicit contributions;
(2)
The addresses of all offices, if
any, maintained by the charitable organization in the state of Washington and the
names and addresses of its
chapters,
branches, and affiliates in this state;
(3)
The names and addresses of its
directors, trustees,
and other officers
and key personnel. The ~erm "key personnel" means:
(a) Any officers, employees,
or other personnel who are directly in
charge of any of the fund-raising activities of the charitable organization;
and
(b)
the officers or individuals maintaining custody of the organization's financial
records
and
the
officers
or
individuals who will have custody of the
contributions;
(4)
The location of the organization's
financial
records
in
the
state of
washington;
(5)
Methods by which solicitation will
be made,
including a statem~nt as to
whether such solicitation is to be conducted by voluntary unpaid solicitors,
by
paid solicitors, or both, and a narrative
description of the promotional plan together with copies of all advertising
material which has been prepared
for
public distribution by any means of communication and any location of any telephone
solicitation facilities;
(6)
The names and addresses of any
professional fund raisers and professional
solicitors who are acting or who have
agreed to act on behalf of the charitable
organization together with a statement
setting forth the terms of the arrangements for salaries, bonuses, commissions,
or other remuneration to be paid the
professional fund raisers and professional
solicitors;
(7}
The general purpose for which the
charitable organization is organized;
(8)
Where and when the organization was
legally
established,
the form of its
organization, and its federal tax exempt
status;
(9)
The purposes for which the contributions to be solicited will be used, the
total amount of funds proposed to be
raised thereby, and the use or disposition
to be made of any receipts therefrom;
(10)
The period of time during which
the solicitation will be made and if less
than state-wide, the area or areas in
(
19.09.080
REGISTRATION
~!AI~~~~==
2IQlilliG-=QQS!!IQN _EiN~KAL~~
The reg1stration statement, and any other documents
prescribed by the director, shall
be
signed under oath by the president, or
other authorized officer, and the chief
fiscal officer of the charitable organization.
Such registration shall be effective for the period requested by the
charitable organization in its registration statement but such period shall not
exceed one year.
The director may adopt
regulations providing for the annual renewal of registrations by charitable organizations having continuing or annually
recurring fund raising campaigns.
Renewals shall be accompanied by such information as may be reguir€d to bring the
registration statement up to date. [1973
1st ex.s. c 13 § 8.)
19.09.090
SUBSIQI!g!
QgGAlilEAIIQli~~
Where any chapter, branch,
affiliate, or
area division of a charitable organization
is supervised and controlled by a superior
or parent organization which is incorporated, qualified to do business, or doing
business within this state such chapter,
branch, affiliate, or area division shall
not be required to register under RCW
19.09.060 if the superior or parent organization files a registration statement,
on behalf of its subsidiary,
in addition
to or as a part of its own registration
statement.
where a registration statement
has been filed
by a superior or parent
1, 4
J
19.09.120
CHARITABLE SOLICITATIONS
--------------------------------------------------------------------------------------organization, on behalf of such subsidiary
organization, it shall file any reports
required of the subsidiary organization,
under this chapter, in addition to or as
part of its own report, but the accounting
information so required shall be set forth
separately and not in consolidated form
with
respect
to every such chapter,
branch, affiliate, or division which solicits, collects, or expends more than
four thousand dollars in any fiscal year.
[ 1973 1st ex.s. c 13 § 9.]
19.09.100
~!A~IH!IIQN
]!
~IRE~TOB==
QB ~Q~!~ QE SOLICITATIONS-Q!li~B B~QUIB~~NI~~ Upon receipt--o~-an
application in the proper form for registration, the director shall immediately
initiate an examination to determine that:
(1)
The cost of solicitation for direct
gifts shall not exceed twenty percent of
the total gross amount to be raised or for
sale and benefit affairs shall not exceed
fifty-five percent of the total gross
amount to be raised: and of this fiftyfive percent, not more than twenty percent
shall be paid for all wages, fees, commissions, salaries, and emoluments paid or to
be
paid to all salesmen,
solicitors,
collectors, and professional fund raisers.
If it appears that the cost of soliciting
will exceed the percentages listed above,
and except for that,
the registration
would otherwise be granted, the director
may enter an order registering the charitable organization, upon a showing that
special reasons make a cost higher than
twenty percent or said fifty-five percent,
or
said twenty percent, respectively,
reasonable in the particular case;
(2)
The
charitable organization has
complied with all local governmental regulations which apply to soliciting for or
on behalf of charitable organizations;
(3)
The advertising material and the
general promotional plan are not false,
misleading, or deceptive and its rules and
regulations, which the director may adopt,
comply with the s~andards prescribed by
the director and which afford full and
fair disclosure;
(4)
The charitable organization
has
not, or if a corporation, its officers,
directors, and principals have not,
been
convicted of a crime involving solicitations for or on behalf of a charitable
organization in this state, the United
States, or any other state or foreign
country within the past ten years and has
not been subject to any permanent injunction or administrative order or judgment,
under the provisions of RCW 19.86.080 or
19.86.090, involving a violation or violations of the provisions of RCW 19,86.020,
within the past t~n years, or of restraining a false or misleading promotional plan
involving
solicitations for charitable
organizations. [1973 1st ex.s.
c 13 §
11~IIAI1Q]~
1 0. ]
1973 RCW SUPP.
19.09.110
REGISTRATION OR R~~~~!IO]==
ORQ~E==fRQ~~QQB~~--(1)---upon receipt of
the application for registration, in proper form, the director shall issue a notice
of filing to the applicant. Within thirty
days from the date of the notice of
filing, the director shall enter an order
registering the charitable organization or
rejecting the registration. If no order
of rejection is entered within thirty days
from the date of notice of filing,
the
charitable organization shall be deemed
registered unless the applicant has consented, in writing, to a delay.
{2)
If the director affirmatively determines, upon inquiry and examination
that the requirements of RCW 19.09.100
have be~n met he shall enter an order
registering the charitable organization.
(3)
If the director determines, upon
~nquiry and examination, that any
of the
requirements of RCW 19.09.100 have not
been met, the director shall notify the
applicant that the application for registration must be corrected in the deficiencies
specified.
If
the
requested
corrections are not complied with, the
director shall enter an order rejectitg
the registration, such order shall include
the findings of fact upon which the order
is based. The order rejecting the registration shall not become effective for
twenty days during which time the applicant may petition for reconsideration and
shall be entitled to a hearing. [1973 1st
ex . s. c 13 § 11. 1
19.09.120
LICIT--SHORT
NOTICE OF INTENTION
TO
SO-
FoRM-REPoR~--(1)-Any-chari:
table--orga~ization-Jmentioned
under RCW
19.09.030 {3):
(a)
Before conducting any solicitation
give written notice to the director stating its intention to solicit funds,
the
basis of its exemption,
the purpose of
such solicitation, the approximate percentage of collections, after deductions
for expenses, to be actually devoted to
that purpose, and when and in what area or
areas such solicitation will be conducted.
Written notice shall be given to the
director by the organization, or by someone in its behalf, at least three days in
advance of such solicitation, and if it is
sent by registered or certified mail such
notice shall be deemed given when deposited in the United States mail. The notice
requirement of this section shall constitute a registration statement which shall
be construed as registration under the
provisions of this chapter.
(b)
In the event that any organization,
under this section, solicits and collects
funds in excess of five hundred dollars
during any year, such organization shall
file a short form report conforming to the
provisions of RCW 19.09.130. The director
may require the furnishing of any further
details as may be necessary for complete
reporting and disclosure within the purposes of this section.
[ 115 ]
19.09.120
BUSINESS
REGULATIONS~MISCELLANEOUS
--------------------------------------------------------------------------------------(2)
No fees shall be collected in connection with any notice, registration, or
report filed under this section.
[1973
1st ex.s. c 13 § 12.]
19.09.130
~liQRT
f2RM REPORT--FORM--RE( 1)
When the --filing
short form report is required, the form of
the
report shall be substantially as
follows:
:QUIRE~f!N_!_h
--o·ra:
CHARITABLE SOLICITATIONS
SHORT FORM REPORT
Name of organization ••.•.•••..•..••.•••.••
Period Covered by This Report ..•.•.•..•...
Gross Amount of Funds Collected for Each
Purpose
(list each purpose and amount
separately) ••..••.....•••••.•..••••••...
Gross Amount of Additional Funds Pledged
for Each Purpose ••.•••••••••••••••.•••••
Amount Applied to Each Purpose for Which
Collected ••..•.••••..•.•••......•....•..
Additional Amount
(if any) to be Applied
for Each Purpose .......•••.•..•••••..•..
Amount Expended and to be Expended for
Expenses of Solicitation .•..••.•.••••...
............... - .....
(Signature and business address of party
signing)
(2) The short form report shall
be
signed by the officer or employee who
regularly keeps the books or records of
the organization. The signature shall be
a certification of the correctness of the
report.
The report shall be filed with
the director by the organization required
to file the same within ninety days after
the close of its fiscal year.
r 1973 1st
ex.s. c 13 § 13.]
19.09.140
REGISTRATION TO BE KEPT CUR~EN!=-A~~ND~gNT~:---A--registration--filed
with the director by a charitable organization,
under the provisions of this
chapter, shall be kept current during its
effective term by the charitable organization, professional fund raiser, or professional solicitor.
such current status
shall be maintained by the filing of
amendments with the director, in the form
prescribed by him, within ten days after
any material change in the information
previously furnished to the director.
The following changes shall be construed
as material for the purposes of this
section:
(1)
Any change in the name of the
organization.
(2)
Any addition or substitution in the
names of its salaried or otherwise compensated directors, trustees, other officers,
key personnel, or professional fund raisers; or any change in the reported addresses or duties of the officers or
individuals who keep the records or are in
custody of the contributions.
(
(3)
Any change, amounting to five percent or more, in the remuneration to be
paid to any professional fund raisers or
professional solicitors.
(4)
Any change in the general purposes
of the organization, intended use of the
contributions,
or period of time
for
solicitation, or general areas in which
such solicitation was to take place or
telephone solicitation facilities.
(5)
Any change in other facts which are
declared material by rule or regulation of
the director.
( 1973 1st ex.s. c 13 § 14.]
19.09.150
REQ12!ER~
The
director
shall establish and maintain a register or
registers of charitable organizations and
persons who have registered under this
chapter. [ 1973 1st ex.s. c 13 § 15.]
19.09.160
~gGIST~A!ION
NOT ~EQQB~~=
Registration under this chapter
shall not be deemed to constitute endorsement, by the state of Washington, of any
charitable organization so registered and
no person or charitable organization shall
intentionally claim or infer, directly or
indirectly any such endorsement by reason
of its registration. (1973 1st ex.s. c 13
§ 16. ]
~gEI~
19.o9.17o
REGI~IBA!IQE AND rNrQ~nA!IQN
PU~biC BECQ~Q~~
The registration and all
information,
documents, and reports filed
with the director under this chapter are
matters of public record and shall be,
subject to reasonable regulation, open to
public inspection.
(1973 1st ex.s. c 13 §
17. ]
19.09.180
IDENTIFICATION CARD.
Every
person soliciting-contributions-for or on
behalf of a charitable organization which
is required to file or have filed in its
behalf a registration statement,
under
this chapter, shall have readily available
for prospective contributors an identification card which shall include the following information in legible form:
(1)
The name of the charitable organization for which the contributions are
solicited.
(2)
A statement
that the charitable
organization
has filed a registration
statement with the director and the date
such registration was filed.
(3)
Such other information, from the
registration statement, as may be required
by reasonable rule or regulation of the
director for the protection of the public.
The director may prescribe the form of
such identification card.
The card shall
be exhibited to any person from whom a
contribution is requested or, on demand,
to any police or law enforcement officer.
(1973 1st ex.s. c 13 § 18.]
116 ]
CHARITABLE SOLICITATIONS
19.09.220
--------------------------------------------------------------------------------------19.09.190
BOND.
19.09.210
FINANCIAL
STATEMENTS--SPE~1!1 REfQRT§~--~ar--within--ninet¥-~a¥5
following the close of its fiscal year
every charitable organization which is
required to file a registration statement
under RCW 19.09.060 and which has received
contributions during the previous fiscal
year
shall file with the director a
financial statement, verified by an independent public accountant, containing, but
not limited to, the following information:
(1)
The gross amount of the contributions pledged and
the
gross
amount
collected.
(2)
The amount thereof, given or to be
given to charitable purposes represented
together with details as to the manner of
distribution as may be required either by
general rule or by specific written request of the director.
(3)
The aggregate amount paid and to be
paid
for
the
expenses
of
such
solicitation.
(4)
The amounts paid to and to be paid
to
professional
fund
raisers
and
solicitors.
(5)
Copies of any annual or periodic
reports furnished by the charitable organization, of its activities during or for
the same fiscal period, to its parent
organization, subsidiaries, or affiliates,
i f any.
(b)
The director may prescribe such
forms as may be necessary or convenient
for the furnishing of such information.
In addition, the director may require that
within thirty days after the close of any
special period of solicitation the charitable organization conducting such solicitation
shall
file
a special report
containing the information specified in
this section for such special period of
solicitation. [ 1973 1st ex.s. c 13 § 21.]
PROFESSIONAL FUND RAISERS OR
~QLI~!IQE~==E~GI~IftATIQN
:oug!IIQN
-~QB~II
Every person employed or retained
professional fund raiser or professional solicitor by or for a charitable
organization shall file with the director
a valid registration or renewal of such
registration.
Applications for such registration shall be in writing, under oath,
and in the form prescribed by the director. The form shall require information
as to the identity and previous related
activities of the registrant as may be
necessary or appropriate for the public
interest or for the protection of contributors.
In addition, a professional fund
raiser shall file, at the time of making
application, with and have approved by the
director a surety bond executed by the
applicant as principal in the amount of
five thousand dollars with one or more
sureties whose liability in the aggregate
as such sureties will at least equal the
said sum.
The bond shall run to the
director for the use of the state and to
any person who may have a cause of action
against the obligor of said bond for any
malfeasance or misfeasance in the conduct
of such solicitation.
Registration,
when
effected, shall be for a period of one
year, or any part thereof, expiring on the
last day of December and may be renewed
for additional periods unless rejected for
legally sufficient cause or for failure to
file the bond prescribed in this section.
The additional periods shall be for not
more than one calendar year or
such
shorter period as the director may prescribe by regulation.
[1973 1st ex.s. c
13 § 19.]
as--i
19.09.200
~OO~~L
RECOR~~
!ND CO!=
Charitable organizations and professional fund raisers, required to be
registered under this chapter, shall maintain accurate, current, and readily available books and records at their usual
business locations, as designated in the
registration statement filed with
the
director, until at least three years shall
have elapsed following the effective period to which they relate.
All contracts between professional fund
raisers and charitable organizations shall
be in writing and true and correct copies
of such contracts or records thereof shall
be kept on file in the various offices of
the charitable organization and/or professional fund raiser for a three-year period
as provided in this section. such records
and contracts shall be available
for
inspection and examination by the director. A copy of such contract or record
shall be mailed to or filed with the
director by the charitable organization or
professional fund raiser, within ten days,
following receipt of a written demand
therefor from the director.
[1973 1st
ex.s. c 13 § 20.]
19.09.220
SUSP~NSION Qf REGI§IRA.IION==
IQ fiL~ fiNANCIAL STATEMENT OR
REPORT-EXAMINATION.
(1) If itappears to
the---director;-a::t any time, that any
organization has failed to comply with any
requirement of RCW 19.09.210 or failed to
file any required report, the director
following notice, and after an opportunity
for a hearing (at a time fixed by the
director)
within fifteen days after such
notice, shall issue an order suspending
the registration.
When such requirement
has been fulfilled or the information has
been filed in accordance with such order,
the director shall so declare and thereupon the order shall cease to be effective.
(2)
The director is hereby empowered to
make an examination in any case ~o determine whether an order should issue under
subsection (1) of this section. In making
such examination the director, or his
designee, shall have access to, and may
demand the production of any books and
papers of, and may administer oaths and
affirmations to, and may examine
the
charitable organization, any agents, or
any other person, in respect to any matter
,IRA~Ih
1 97 3 RCW SUPP.
[
FAI1~li~
117
]
19.09.220
BUSINESS REGULATIONS--MISCELLANEOUS
----------------------------------------------------------relevant to the examination.
If
the
charitable
organization or any agents
shall fail to cooperate or shall obstruct
or refuse to permit the making of an
examination such conduct shall be proper
grounds for the issuance of an order
suspending the registration.
( 1973 1st
ex.s. c 13 § 22.]
19.09.230
Q~IMg IH~
!AM~
QK AMOTH~B
No person who ~s required to
register under this chapter shall knowingly use the name of any other person for
the purpose of soliciting contributions
from persons in this state without the
written consent of such other person:
PROVIDED, That such consent may be deemed
to have been given by anyone who is a
director, trustee, other officer, employee, agent, professional fund raiser, or
professional
solicitor of such person
registering under this chapter.
A person may be deemed to have used the
name of another person for the purpose of
soliciting contributions if such latter
person's name is listed on any stationery,
advertisement, brochure, or correspondence
of the charitable organization or person
or if such name is listed or represented
to any one who has contributed to, sponsored, or endorsed the charitable organization or
person,
or
its
or
his
activities. [ 1973 1st ex. s. c 13 § 23.]
g~~Q~
19.09.240
Q~ING ~I~I1!B
!!~~£
~YM~Q1
OR STATEMENT.
No·charitable organization,
professional-fund raiser, or other person
soliciting contributions for or on behalf
of a charitable organization shall use a
name, symbol, or statement so closely
related or similar to that used by another
charitable organization or governmental
agency that the use thereof would tend to
confuse or mislead the public. [1973 1st
ex.s. c 13 § 24.]
19. 09. 2 50
.ll!].B.!I~ING !IQ1!I.IQNS::-PBQ=
No person shall publish
any
advertisement, in this state, with respect
to a charity, which is subject to the
registration requirements of this chapter,
following the director's
determination
that such advertisement contains statements that are false,
misleading,
or
deceptive and so notifies the person in
writing. such notification may be given
summarily without notice or hearing. At
any time after the issuance of a notification under this section the person desiring to use the advertisement may, in
writing, request the order be rescinded.
upon receipt of a written request the
matter shall be set for a hearing to
commence within fourteen days following
receipt of the request unless the person
making the request consents to a later
date.
Following such hearing, which shall
be conducted in accordance with the provisions of the Administrative Procedure Act,
chapter 34.04 RCW, the director shall
determine whether to affirm and continue
or to rescind such order pursuant to the
powers granted under such act. [1973 1st
ex.s. c 13 § 25.]
19.09.260
INVESTlQ!!~==RQ!]_B~
!!Q
DUTIES OF DIRECTOR.
(1) The director may:
--(a)- Make--nec~sary public or private
investigations within or without the state
to determine whether any person has violated or is about to violate this chapter
or any rule, regulation, or ord'er hereunder, or to aid in the enforcement of this
chapter, or in the prescribing of rules
and forms hereunder;
(b)
Require or permit any person to
file a statement in writing, under oath or
otherwise as the director determines, as
to all facts and circumstances concerning
the matter to be investigated.
(2)
For the purpose of any investigation or proceeding under this chapter, the
director or any officer designated by rule
may administer oaths or affirmations and
upon the director's own motion or upon
request of any party shall subpoena witnesses, compel their attendance,
take
evidence, and require the production of
any matter which is relevant to
the
investigation,
including the existence,
description, nature, custody, condition,
and location of any books, documents, or
other tangible things together with the
identity and location of persons having
knowledge, relevant facts,
or any other
matter reasonably calculated to lead to
the discovery of material evidence.
(3)
Upon failure to obey a subpoena or
to answer questions propounded by the
investigating officer, and upon reasonable
notice to all persons affected thereby,
the director may apply to the superior
court for an order compelling compliance.
(4)
Except as otherwise provided in
this chapter, all proceedings under this
chapter shall be in accordance with the
Administrative Procedure Act, chapter 34.04 RCW. [ 1973 1st ex.s. c 13 § 26.)
£EDQB~~
19.09.270
!IOLATIONS==QM~ !NQ QESI~!
ORDERS-INJUNCTIONS.
(1) I f the director
determine5"-following notice and hearing
that a person has:
(a)
Violated
any provision of this
chapter;
(b)
Directly or through an agent or
employee engaged in any false, deceptive,
or misleading advertising, promotional, or
sales methods in soliciting for a charita~
ble organization;
(c)
Made any substantial change in the
method of solicitation or promotional plan
subsequent to the order of registration
without obtaining prior written approval
from the director;
(d)
Made any solicitation for or on the
behalf of any charitable
organization
required
to be registered under this
[ 118 ]
CHARITABLE SOLICITATIONS
19.09.320
--------------------------------------------------------------------------------------chapter which has not been so registered
with the director;
(e)
Violated any lawful order, rule, or
regulation of the director;
(f)
He may issue an order requiring the
person
to cease and desist
from the
unlawful practice and take such affirmative action as in the judgment of the
director will carry out the purposes of
this chapter.
(2)
If the director makes a finding of
fact, in writing, that the public interest
will be irreparably harmed by delay in
issuing an order, he may issue a temporary
cease and desist order.
Prior to issuing
the temporary cease and desist order, the
director whenever possible shall
give
notice,
by telephone or otherwise, of the
proposal to issue a temporary cease and
desist order to the person to whom it
should be directed.
Every temporary cease
and desist order shall include in its
terms a
prov1s1on that upon
request a
hearing will be held to determine whether
or not the order becomes permanent.
(3)
If it appears that a person has
engaged or is about to engage in an act or
practice constituting a violation of a
provision of this chapter, or a rule or
order hereunder, the director, with or
without prior administrative proceedings,
may bring an action in the superior court
to enjoin the acts or practices and to
enforce compliance with this chapter or
any rule, regulation, or order hereunder.
Upon proper showing injunctive relief or
temporary restraining orders shall
be
granted and a receiver or conservator may
be appointed.
The director is not required
to post a bond in any court
proceedings. [1973 1st ex.s. c 13 § 27.]
19.09.280
E~YQ~!IIQ~ Q! R~2I~1E~IIO~==
GROUNDS--CEASE ANQ Q~~1~1 QRQ~R AS !LT~R=
NATIYE:--(1)-A registration may be revoked,
following notice and hearing, upon
a written finding of fact that the charitable
organization,
professional fund
raiser or professional solicitor has:
(a)
Failed to comply with the terms of
a cease and desist order;
(b)
Been convicted in any court, subsequent to the filing of the application for
registration, for a crime involving fraud,
deception, false pretense, misrepresentation,
false advertising, or dishonest
dealing in charity solicitation;
(c)
Failed to faithfully perform any
stipulation or agreement made with the
director as an inducement to grant any
registration or to reinstate any registration or to approve any promotional plan or
method of solicitation;
(d)
Made intentional misrepresentations
or concealed material facts in an application for registration.
Findings of fact, if set forth in statutory language, shall be accompanied by a
concise and explicit statement of the
underlying facts supporting the findings,
1973 RCW SUPP.
[
(2)
If the director finds,
following
notice and hearing, that the charitable
organization, professional fund raiser or
professional solicitor has been guilty of
a violation for which revocation could be
ordered, he may issue a cease and desist
order instead.
[1973 1st ex.s.
c
13 §
28. l
SUIT~ BY QR !2AI~~! ~tl!Rl!!=
QR~~~l~~!ION--NOTI~~
In any suit by
19.09.290
~1~
or against a charitable organization such
charitable
organization shall promptly
furnish the director notice of the suit
and copies of all pleadings.
This section
shall not apply where the director is a
party to the suit.
[1973 1st ex.s. c 13 §
29. J
19.09.300
JUDICIAL REVIEW.
Proceedings for judiciar--review--shall be in
accordance with the prov1s1ons of the
Administrative Procedure Act, chapter 34.04 RCW. [ 1973 1st ex.s. c 13 § 30.]
19.09.310
RULES AND REGULATIONS.
The
director shalr-prescribe-reasonable rules
and regulations in order to implement this
chapter and such rules and regulations
shall be adopted, amended, or repealed in
compliance with the Administrative Procedure Act, chapter 34.04 RCW.
(1973 1st
ex. s. c 13 § 31 • l
19.09.320
!QDIIIQ~!1 ~QliER~ !~Q QQ!l~~
QE Qili~CTQE~
In addition to the powers
granted the director under other sections
of this chapter, the director shall have
the powers prescribed under this section.
The director may:
(1)
Intervene in a suit involving a
charitable organization registered under
this chapter;
(2)
Bring legal action in the superior
court to recover any money collected in
violation of this chapter.
In the event
the director recovers any amount under
this section,
the court shall as part of
its judgment direct the manner in which
the amount shall be applied. In so doing
the court shall order the director to pay
such amount to a reputable charitable
organization, which in the court's opinion
has charitable purposes similar to or
identical with the proclaimed purposes of
the
organization or person which had
solicited and collected the amount.
The
court may in its discretion award reasonable attorney's fees to the state out of
any funds so recovered.
(3)
Accept information contained
in
registrations filed in other states;
(4)
contract with similar agencies in
this state, any other state, or with the
federal government to perform investigative functions;
(5)
Accept
grants-in-aid
from
any
source;
119 ]
19.09.320
BUSINESS
P.EGULATIONS--MISCEL~ANEOUS
--------------------------------------------------------------------------------------(6)
Cooperate with similar agencies in
this state, any other state, and with the
federal government to establish, insofar
as practical, uniform filing procedures
and forms, uniform public offering statements, advertising standards, rules, and
common administrative practices.
[1973
1st ex. s. c 1 3 § 32. ]
10CAL £QQ~L QRQili!NC~~L ANQ
This chapter does not annul,
alter, affect, or exempt any person from
complying with the applicable provisions
of all municipal and county codes, ordinances, and regulations except to the
extent that those municipal and county
codes, ordinances, and regulations are
inconsistent with any provision of this
chapter and then only to the extent of the
inconsistency. (1973 1st ex.s. c 13 §
33. ]
raiser, fifty dollars;
for filing the
registration of a professional solicitor,
five dollars: PROVIDED, That no specific
fee provided for under this section shall
be collected from any person or organization more than once in any calendar year.
All such fees, when received by the
director, shall be transmitted to the
state treasurer. [1973 1st ex.s. c 13 §
35. ]
19.09.330
li~ULATIQ!~
19.09.360
COMP1IAN£~ RgQQIRE~ [QR li~~=
ISTRATION.
The director shall refuse to
accept--or file the registration of a
charitable organization or of any other
pers?n. who has not complied with the
prov~s~ons
of this chapter.
[ 1973 1st
ex.s. c 13 § 36.]
19.09.370
li!DI~
I~~VISION ~I!I1Qli2L
NEli~~AP~RS ~!~~I=-EXC~~TIQli~
19.09.340
Y1Q1!I1Qli2
DEEMED
UNFAIR
PRACTICE UNDER CHAPTER 19:86-RCW--PROCE:
~UR~~--(1)--The ceimission by- any--person
of an act or practice prohibited by this
chapter is hereby declared to be an unfair
act
or practice or unfair method of
competition in the conduct of trade or
commerce for the purpose of application of
the Consumer Protection Act, chapter 19.86
RCW.
(2)
The director may refer such evidence, as may be available to him, concerning violations of this chapter, or of
any rule or regulation adopted thereof, to
the attorney general or the prosecuting
attorney of the county wherein the alleged
violation arose. In addition to any other
action they might commence, the attorney
general or the county prosecutor may bring
an action in the name of the state, with
or without such reference, against any
person to restrain and prevent the doing
of any act or practice prohibited by this
chapter: PROVIDED, That this chapter shall
be considered in conjunction with chapters
9.04 and 19.86 RCW, as now or hereafter
amended, and the powers and duties of the
attorney general and the prosecuting attorney as they may appear in the aforementioned chapters, shall apply against all
persons subject to this chapter.
[1973
1st ex.s. c 13 § 34,]
19.09.350
fEE~
To defray the cost of
administering this chapter the director
shall collect the following fees:
For
filing a registration of a charitable
organization, fifteen dollars; for renewal
of such registration,
five dollars;
for
filing each separate financial statement
of the solicitation of funds by a charitable organization, ten dollars; for filing
the registration of a professional fund
[
Nothing in
this chapter shall require registration or
application for registration by radio and
television stations or legal newspapers,
or their employees acting within the scope
of their employment nor shall any such
station, newspaper or employee thereof be
considered a professional fund raiser,
charitable organization, professional solicitor or trustee: PROVIDED, HOWEVER, The
manager or publisher of any such station
or newspaper which solicits and actually
collects charitable cash
contributions
exceeding a total value of five hundred
dollars for any single charitable purpose
during any twelve month period, although
exempt from the registration provisions of
this chapter, shall file a short form
report, in the form and manner provided
under RCW 19.09.130, as an account of the
distribution of such contributions, and
thereafter such additional information as
the director may require. (1973 1st ex.s.
c 66 § 1.]
19.09.900
EFFECTI!~
Q!TE==121l
1ST
EX.S. C 13.
Except as provided in this
section; this chapter shall not
take
effect until January 1, 1974. The director may, prior to such date, adopt regulations
for the implementation of this
chapter, but such regulations shall not
take effect until January 1,
1974, or
thereafter. [ 1973 1st ex.s. c 13 § 37.]
19.09.910
~~~RA~1!TY=-121~ 1§! !!~§~
The provisions of this chapter are
severable, and if any part or provision
hereof shall be void, the decision of the
court so holding shall not affect or
impair any of the remaining parts or
provisions of this chapter.
[1973 1st
ex. s. c 13 § 3 8. ]
£
120 ]
1J~
COLLECTION AGENCIES
19.16.230
--------------------------------------------------------------------------------------Chapter 19.16
COLLECTION AGENCIES
19.16.120
DENIA1L ~US~EN~lQliL R~!Q~A=
QB
REFUSAL TO RENEW LICENSES-GROUNDS.
In-addition-to other provisions
o~this-chapter, any license issued pursuant to this chapter or any application
therefor
may be denied, not renewed,
suspended, or revoked:
(1)
If an individual applicant or licensee is less than eighteen years of age
or is not a resident of this state.
(2)
If an applicant or lic~nsee is not
authorized to do business in this state.
(3)
If th~ application or renewal forms
required by this chapter are incomplete,
fees required under RCW 19.16.140 and
19.16.150 have not been paid, and the
surety bond or cash deposit or other
negotiable
security acceptable to the
director required by RCW 19.16.190 has not
been filed or renewed or is canceled.
(4)
If any individual applicant, owner,
officer, director, or managing employee of
a nonindividual applicant or licensee:
(a)
Shall have knowingly made a false
statement of a material fact in
any
application for a collection agency license or renewal thereof, or in any data
attached thereto and two years have not
elapsed since the date of such statement;
(b)
Shall have had a license to engage
in the business of a collection agency
denied, not renewed, suspended, or revoked
by this state, any other state, or foreign
country, for any reason other than the
nonpayment of licensing fees or failure to
meet bonding requirements: PROVIDED, That
the terms of this subsection shall not
apply if:
(i)
Two years have elapsed since the
time of any such denial, nonrenewal, or
revocation; or
(ii)
The terms of any such suspension
have been fulfilled;
(c)
Has been convicted in any court of
any felony involving forgery,
embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to
defraud
and is incarcerated for that
offense or five years have not elapsed
since the date of such conviction;
(d)
Has had
any
judgment
enterec
against him in any civil action involving
forgery,
embezzlement, obtaining
money
under false pretenses, larceny, extortion,
or conspiracy to defraud and five years
have not elapsed since the date of the
entry of the final
judgment in
said
action:
PROVIDED, That in no event shall
a license be issued unless the judgm~nt
debt has been discharged;
(e)
Has had his license to practice law
suspended or revoked and two years have
not elapsed since the date of such suspension or revocation,
unless he has been
relicensed to practice law in this state;
(f)
Has
had
any
judgment entered
against him or it under the provisions of
RCW 19.86.080 or 19.86.090 involving a
IIO~
1973 RCW SUPP.
[
violation or violations of RCW 19~86.020
and two years have not elapsed since the
entry of the final judgment:
PROVIDED,
That in no event shall a license be issued
unless the terms of such judgment, if any,
have been fully complied with:
PROVIDED
FURTHER, That said judgment shall not be
grounds for denial, suspension, nonrenewal, or revocation of a license unless the
judgment arises out of and is based on
acts of the applicant,
owner,
officer,
director, managing employee, or licensee
while acting for or as a
collection
agency;
(g)
Has petitioned for bankruptcy, and
two years have not elapsed since the
filing of said petition;
(h)
Shall be insolvent in the sense
that his or its liabilities exceed his or
its assets or in the sense that he or it
cannot meet his or its obligations as they
mature;
(i)
Has knowingly failed to
comply
with, or violated any provisions of this
chapter or any rule or regulation issued
pursuant to this chapter, and two years
have not elapsed since the occurrence of
said noncompliance or violation.
Any person who is engaged in the collection agency business as of January 1, 1972
shall, upon filing the application, paying
the fees, and filing the surety bond or
cash deposit or other negotiable security
in lieu of bond required by this chapter,
be issued a license hereunder. [1973 1st
ex.s. c 20 § 1; 1971 ex.s. c 253 § 3.]
19.16.160
LICE~~~
AND BR!~£tl QFFI~~
CERTIFICATE--FORM--CONTENTS--DISPLAY.
Each-iicense-and--branch--office--certificate, when issued, shall be in the form
and size prescribed by the director and
shall state in addition to any other
matter required by the director:
(1)
The name of the licensee;
(2)
The name under which the licensee
will do business;
(3)
The address at which the collection
agency business is to be conducted; and
(4)
The number and expiration date of
the license or branch office certificate.
A licensee shall display his or its
license in a conspicuous place in his or
its principal place of business and, if he
or it conducts a branch office, the branch
office certificate shall be conspicuously
displayed in the branch office.
concurrently with or prior to engaging
in any activity as a collection agency, as
defined in this chapter, any person shall
furnish to his or its client or customer
the number indicated on the collection
agency license issued to him pursuant to
this section. [ 1973 1st ex.s. c 40 § 2;
1971 ex.s. c 253 § 7.]
19.16.230
1I~~~~~~==]Q~J~~~~
OFFICE-RECORDS TO ~~ KEPT.:.. <1>
Every iicensee
required to keep and maintain records
pursuant to this section shall establish
121 ]
19.16.230
BUSINESS REGULATIONS--MISCELLANEOUS
--------------------------------------------------------------------------------------and maintain a regular active business
office in the state of washington for the
purpose of conducting his or its collection agency business.
Said office must be
open to the public during
reasonable
stated business hours, and must be managed
by a resident of the state of Washington.
{2)
Every licensee shall keep a record
of all sums collected by him or it and all
disbursements made by him or it.
All such
records shall be kept at the business
office referred to in subsection (1) of
this section.
(3)
Licensees shall maintain and preserve accounting records of collections
and payments to customers for a period of
six years from the date of the last entry
thereon.
[1973 1st ex.s. c 20 § 3; 1971
ex.s. c 253 § 14.]
19.16.245
FINANCIAL STATEMENT. Nolicensee shall receive-any--money--from any
debtor as a result of the collection of
any claim until he or it shall have
submitted a financial statement showing
the assets and liabilities of the licensee
truly reflecting that the licensee's net
worth is not less than the sum of seven
thousand five hundred dollars, in cash or
its equivalent, of which not less than
five thousand dollars shall be deposited
in a bank, available for the use of the
licensee's business.
Any money so collected shall be subject to the provisions
of
RCW 1 9. 16.4 30
(2) .
The financial
statement shall be sworn to by the licensee, if the licensee is an individual, or
by a partner, officer, or manager in its
behalf if the licensee is a partnership,
corporation, or unincorporated association.
The ir.formation contained in the
financial statement shall be confidential
and not a public record, but is admissible
in evidence at any hearing held, or in any
action instituted in a court of competent
jurisdiction, pursuant to the provisions
of this chapter:
PROVIDED, That this
section shall not apply to those persons
holding a valid license issued pursuant to
this chapter on July 16, 1973. [ 1973 1st
ex.s. c 20 § 9.)
19.16.350
BOARQ==£QWERS-=~Q!I~
( 1971 ~x.s. c 253 § 26.) Repealed by 1973
1st ex.s. c 20 § 10.
19.16.351
ADDITIONAL POWERS AND DUTIES
OF BOARD. The-bOard,in addition-to-any
other-powers and duties granted under this
chapter:
(1)
May adopt, amend, and rescind such
rules and regulations for its own organization and procedure and such other rules
and regulations as it may deem necessary
in order to perform its duties hereunder.
(2)
When an ~pplicant or licensee has
requested a hearing as provided in RCW
19.16.360 the board shall meet and after
(
notice and hearing may deny any application for a license hereunder, and may fail
to renew, suspend, or revoke any license
issued hereunder,
if the applicant or
licensee has failed to comply with or
violated any provision of this chapter or
any rule or regulation issued pursuant to
this chapter.
It shall be the duty of the
board within thirty days after the last
day of hearing to notify the appellant of
its decision.
(3)
May inquire into the needs of the
collection agency business, the needs of
the director, and the matter of the policy
of the director in administering this
chapter, and make such recommendations
with respect thereto as,
after consider~
ation,
may be deemed important and necessary for the welfare of the state, the
welfare of the public, and the welfare and
progress
of
the
collection
agency
business.
(4) Upon request of the director, confer
and advise in matters relating to the
administering of this chapter.
(5)
May consider and make appropriate
recommendations to the director in all
matters referred to the board.
(6) Upon his request, confer with and
advis~
the director in the preparation of
any rules and regulations to be adopted,
amended, or repealed.
(7)
May assist the director in the
collection of such information and data as
the director may deem necessary to the
proper administration of this chapter.
[1973 1st ex.s. c 20 § 8.]
19.16.360
11CENS~2==DE!1AL~
~IQliL RE!Q~AIIQli
QR li~lQ~Ab IQ
n~AEI!~
2Y§R~B=
R~!~R==
(1)
Whenever the director shall
have reasonable cause to believe that
grounds
exist for denial, suspension,
nonrenewal, or revocation of a license
issued or to be issued under this chapter,
he shall notify the applicant or licensee
in writing by certified or registered
mail, with return receipt requested, stating the grounds upon which it is proposed
that the license be denied, suspended,
revoked, or not renewed.
(2)
Within thirty days from the receipt
of notice of the alleged grounds for
denial, suspension, revocation, or lack of
renewal,
the applicant or licensee may
serve upon the director a written request
for hearing before the board. Service of
a request for a hearing shall be by
certified mail and shall be addressed to
the director at his office in Thurston
county.
Upon receiving a request for a
hearing, the director shall fix a date for
which the matter may be heard by the
board, which date shall he not less than
thirty
days from the receipt of the
request for such hearing. If no request
for
hearing is made within the time
specified, the license shall be deemed
denied,
suspended,
revoked,
or
not
renewed.
122 )
19.24.100
COPYRIGHT PROTECTION
--------------------------------------------------------------------------------------this chapter shall not charge or receive
any fee or compensation on any moneys
received or collected while
operating
without a license or on any moneys received or collected while operating with a
license but received or collected as a
result of his or its acts as a collection
agency while not licensed hereunder.
All
such moneys collected or received shall be
forthwith returned to the owners of the
accounts on which th~ moneys were paid.
(1973 1st ex.s. c 20 § 6; 1971 ex.s. c 253
§ 34. J
(3)
Whenever a licensee who has made
timely and sufficient application for the
renewal of a license, receives notice from
the director that it is proposed that his
or its license is not to be renewed, and
said licensee requests a hearing under
subsection (2) of this section, the licensee's current license shall not expire
until the last day for seeking review of
the board's decision expires or if judicial review of the board's decision is
sought
until final
judgment has been
entered by the superior court, or in the
event of an appeal or appeals, until final
judgment has been entered by the last
appellate court in which review has been
sought.
(1973 1st ex.s. c 20 § 4;
1971
ex.s. c 253 § 27.]
!IOLATIQ!§ QI B_CW 12:..12~11Q
ARE Q!IAI!! Ali~ ~~s;]g!l!~
!!!A~~
E!!As;IJs;~§
UNDER CHAPTER 19.86 RCW.
The operation of--a--collectlon ___ agency
without a license as prohibited by RCW
19.16.110 and the commission by a licensee
or an employee of a licensee of an act or
practice prohibited by RCW 19.16.250 are
declared to be unfair acts or practices or
unfair methods of competition in
the
conduct of trade or commerce for the
purpose of the application of the Consumer
Protection Act found in chapter 19.86 RCW.
[1973 1st ex.s. c 20 § 7; 1971 ex.s. c 253
§ 35. J
19.16.440
A!~ 12~2~l2Q
19.16.370
]EVQs;A!JQliL
( 1971 ex. s.
1st ex. s. c
Q!! E!!Qs;]~~=
OF DIRECTOR OR DESIGNEES-s;ON!~~E!~
<1>--The-director-;a¥--Ifiitiate
and
conduct investigations as may be
reasonably necessary to establish
the
existence of any alleged violations of or
noncompliance with the provisions of this
chapter
or any rules and regulations
issued hereunder. For the purpose of any
investigation or proceeding under this
chapter, the director or any
officer
designated by him may administer oaths and
affirmations, subpoena witnesses, compel
their attendance, take evidence, and require the production of any books, papers,
correspondence, memoranda, agreements, or
other documents or records which
the
director deems relevant or material to the
inquiry.
(2)
If any individual fails to obey a
subpoena or obeys a subpoena but refuses
to give evidence, any court of competent
jurisdiction, upon application by
the
director,
may issue to that person an
order requiring him to appear before the
court, to show cause why he should not be
compelled to obey the subpoena and give
evidence material to the matter under
investigation. The failure to obey an
order of the court may be punishable as
contempt. [1973 1st ex.s. c 20 § 5;
1971
ex.s. c 253 § 31.]
19.16.400
1.!!Y~~!1£!11Q.!i~
1B£§==EQ~]]~
Chapter 19.24
COPYRIGHT PROTECTION
19.24.100
[
~!!~I.!!~§~ ~EFI!liD-=!H~=
associations, foreign or domestic, violating this chapter, shall be deemed to have
been doing business within this state and
amenable to the process of the state
courts, when any such persons, combinations, or groups shall have issued licenses, either from within or from without the
state, for the privilege of using commercially and publicly any copyrighted work
or works pooled in a common group or
entity, or when any of the functions of
said entity, organization, pool, or combine, is or has been performed in this
state; and the business of spying upon and
the warning of users of the copyrighted
works of such combinations, in addition to
the presence within the state of such
persons, and the activities of such persons or their agents at any time or
occasion for the detection of infringements within this state, shall be conclusive evidence that such combinations and
persons, even though nonresidents, have
accepted the privileges of doing business
within this state, and such persons, if
they abide by the provisions of this
chapter, shall be granted the privilege of
conducting business within this state in a
legal manner, and may invoke the benefits
of the state government and its political
subdivisions in their behalf, and they may
use all of the privileges available to the
citizens of this state in general, and the
19.16.430
VIOLATIONS--OPERATING
s;ot=
1EC!IQ~ AGElis;I~~ITHOUI A 11~~N~E- EliNAL=
!Y-RET!!!l.li OF £:£;li~ Q!! s;QMPENSATJON:..
(1)
Any person who knowingly operates as a
collection agency without a license or
knowingly aids and abets such violation is
punishable by a fine not exceeding five
hundred dollars or by imprisonment not
exceeding one year or both.
(2)
Any person who operates as a collection agency in the state of Washington
without a valid license issued pursuant to
1973 RCW SUPP.
QQI!£
NA~I11TY
TO PROCES2::-SER!ICE ON !iONRE§l=
DE!!~:..
All persons, groups, corporations,
123
J
19.24.100
BUSINESS REGULATIONs--MISCELLANEOUS
--------------------------------------------------------------------------------------use at any time of any general privilege
available to any citizen of this state, by
any of such agents,
their attorneys, or
representative, or investigator, or by any
aider and abettor, or any nonresident
person, group, entity, or combination as
aforesaid, shall be deemed to be
an
acceptance
of the prov1s1ons of this
chapter; and all licensees of any violator
of this chapter shall be deemed as aiders
and abettors of said persons and subject
to the provisions of this chapter unless
they forthwith indicate their obedience
herewith; and the acceptance of the general privileges of the state of Washington
by any nonresident copyright
holder or
owner, or combination, defendant, or person, or organization of any kind, or
entity, through an investigator, attorney.
agent,
representative, or through any
aider and abettor as herein defined, and
the acceptance by such persons of the
rights,
police protection, or of
any
general privilege conferred by the law of
this state to any of its citizens, including the use of the roads and highways, or
the privileges of any of its political
subdivisions, as evidenced by their presence within the state at any time, shall
be deemed equivalent to and construed to
be an appointment by such nonresident or
nonresidents, as the case may be, of the
secretary of state of the
state
of
washington to be his or their true and
lawful attorney upon whom may be served
all summons and processes against him or
them and growing out of a violation of
this chapter, in which said nonresident
may be involved, and said acceptance of
the privileges of this state, as aforesaid, shall be a signification of his or
their agreement that any summons or process against him or them which is so
served shall be of the same legal force
and validity as if served on him or them
personally within the state of Washington.
service of such summons or process shall
be made by leaving a copy thereof with a
fee of five dollars with the secretary of
the state of washington, or in his office,
and such service shall be sufficient and
valid
personal service upon any such
nonresident defendant, copyright holder or
owner, persons, or defendants, combination, entity, or organization, as aforesaid:
PROVIDED, That notice of such
service and a copy of the summons of
process shall be forthwith sent by registered mail requiring personal delivery, by
the prosecutor bringing any action under
this chapter, to any defendant at his last
known address, and the defendant's return
receipt and the prosecutor's affidavit of
compliance herewith are appended to the
process and entered as a part of the
return thereof:
PROVIDED, FURTHER, The
court in which any action is brought may
order such continuances as may be necessary to afford any nonresident defendant
or groups, or entity. a reasonable opportunity to defend the action:
PROVIDED,
FURTHER, The secretary of state shall keep
[
a record of all such summons and process
which shall show the day and time of
service; and valid personal service shall
thus be had on nonresident persons or
individuals, entities, firms, or corporations violating this chapter. [1973 c 108
§ 1;
1937 c 218 § 8; RRS § 3802-7.
Formerly RCW 19.24.100 through 19.24.130.)
Chapter 19.28
ELECTRICIANS AND ELECTRICAL INSTALLATIONS
cross Reference:
Electricians, licensing, etc.:
18.37 RCW.
Chapter
Chapter 19.29
ELECTRICAL CONSTRUCTION
cross Reference:
Electricians, licensing, etc.:
18.37 RCW.
Chapter
Chapter 19.60
PAWN BROKERS AND SECOND-HAND DEALERS
RATE~
19.6C.060
I~~~==~~LE
OF INT§liES!
RLEQ~ED f]Qf~B!!~
!!'!~
Q!!!~E
All pawn
brokers are authorized to charge
and
receive interest and other fees at the
following rates for money loaned on the
security of personal property actually
received in pledge:
(1)
The interest shall not exceed:
(a)
For an amount loaned up to $19.99 interest at $1.00 per month;
(b)
For an amount loaned from $20.00 to
$39.99 - interest at the rate of $1.50 per
month;
(c)
For an amount loaned from $40.00 to
$75.99 - interest at the rate of $2.00 per
month;
(d)
For an amount loaned from $76.00 to
$100.99
interest at the rate of $2.50
per month;
(e)
For an amount loaned from $101.00
to $125.99 - interest at the rate of $3.00
per month;
(f)
For an amount loaned from $126.00
or more
interest at the rate of three
percent a month;
(2)
The fee for the preparation of
documents, pledges, or reports required
under the laws of the United States of
America, the state of washington, or the
counties, cities, towns, or other political subdivisions
thereof,
shall
not
exceed:
(a)
For the amount loaned up to $4.99 the sum of $.50;
(b)
For the a mount loaned from $5.00 to
$9.99 - the sum of $2.00;
(c)
For the amount loaned from $10.00
to $19.99 - the sum of $3.00;
(d)
For the amount loaned from $20.00
to $39.99 - the sum of $4.00;
(e)
For the amount loaned from $40.00
to $74.99 - the sum of $5.00;
124 ]
QI
Ch.
U.NFAIR BUSINESS PRACTICES--CONSUMER PROTECTION
19.86
----------------------------~----------------------------------------------------------
(f)
For the amount loaned from $75.00
to $99.99 - the sum of $7.50;
(g)
For the amount loaned from $100.00
or more- the sum of $9.00;
(3) The fee for the care, maintenance,
insurance relating to, preparation for
storage of, and storage of personal property actually received in pledge, shall
not exceed:
(a)
For precious jewels, jewelry, or
other personal property having a value
$100.00 to $299.99,
an amount equal to
one-tenth of one percent of the value
thereof as agreed upon in writing between
the pledgor and the pledgee;
(b) For precious jewels,
jewelry, or
other personal property having a value
exceeding $300.00, an amount equal to onetwelfth of one percent of the
value
thereof as agreed upon in writing between
the pledgor and the pledgee;
(4)
Fees under subsections (2) and (3}
may be charged one time only during the
term of a pledge, and every person who
shall ask or receive a higher rate of
interest or discount or other fees on any
such loan, or on any actual or pretended
sale, or redemption of personal property,
or who shall sell any property held for
redemption within ninety days after the
period for redemption shall have expired,
shall be guilty of a misdemeanor.
A copy of this section, set in twelve
point type or larger, shall be posted
prominently in each premises subject to
this chapter.
[1973 1st ex.s. c 91 § 1;
1909 c 249 § 234; RRS § 2486.]
Chapter 19.68
REBATING BY PRACTITIONERS OF HEALING
PROFESSIONS
19.68.010
EEBATIN~
fEQ!!I!lliED-fiDf!1=
It shall be unlawful for any person,
firm, corporation or association, whether
organized as a cooperative, or for profit
or nonprofit, to pay, or offer to pay or
allow, directly or indirectly, to any
person licensed by the state of Washington
to engage in the practice of medicine and
surgery, drugless treatment in any form,
dentistry, or pharmacy and it shall be
unlawful
for such person to request,
receive or allow, directly or indirectly,
a rebate, refund, commission, unearned
discount or profit by means of a credit or
other valuable consideration in connection
with the referral of patients to any
person, firm, corporation or association,
or in connection with the furnishings of
medical, surgical or dental care, diagnosis, treatment or service, on the sale,
rental,
furnishing or supplying of clinical laboratory supplies or services of any
kind, drugs, medication, or medical supplies, or any other goods, services or
supplies prescribed for medical diagn~sis,
I~
1973 RCW SUPP.
[
care or treatment: PROVIDED, That owner-•
ship of a financial interest in any firm,
corporation or association which furnishes
any kind of clinical laboratory or other
services prescribed for medical, surgical,
or dental diagnosis shall not be prohibited under this section where the referring
practitioner affirmatively discloses to
the patient in writing, the fact that such
practitioner has a financial interest in
such firm, corporation, or association.
Any person violating the provisions of
this section is guilty of a misdemeanor.
[1973 1st ex.s. c 26 § 1; 1965 ex.s. c 58
§ 1.
Prior:
1949 c 204 § 1; Rem.
Supp.
1949 § 10185-14.]
Chapter 19.72
SURETYSHIP
19.72.030
INDIYI.DU!~
SURE!l~S--N~~=
!!EE==2~ALIII£A!IQH~
Each of such sureties
shall have separate property worth the
amount specified in the bond or recognizance, over and above all debts
and
liabilities, and exclusive of property
exempt from execution, unless the other
spouse joins in the execution of the bond,
in which case they must have community
property of such required value; but in
case such bond or recognizance is given in
any action or proceeding commenced or
pending in any court the judge, or justice
of the peace, as the case may be, on
justification, may allow more than two
sureties to justify, severally, in amounts
less than the amount specified,
if the
whole justification is equivalent to that
of two sufficient sureties.
[1973 1st
ex.s. c
154 § 22; 1927 c 162 § 2; RRS §
958-2.]
~~Y2£abi1iiY==1273
1§i
~~~
note following RCW 2.12.030.
£
12~~
see
Chapter 19.86
UNFAIR BUSINESS PRACTICES--CONSUMER
PROTECTION
Cross References:
Camping clubs, violation of act constitutes unfair practice under chapter 19.86
RCW:
RCW 19.105.200.
Chain distributor schemes, unfair practice
under
chapter
19.86 RCW:
RCW
19.102.020.
Charitable solicitations,
regulation,
violation deemed unfair practice under
chapter 19.86 RCW:
RCW 19.09.340.
Hearing aid
dispensing,
advertising,
etc.--Application: RCW 18.35.180.
Land development law, violations deemed
unfair practice under chapter 19.86 RCW:
RCW 58.19.270.
Law against
discrimination, violation
constitutes unfair practice under chapter
19.86 RCW: RCW 49.60.030.
125 ]
19.86.020
BUSINESS REGULATIONS--MISCELLANEOUS
--------------------------------------------------------------------------------------Cross Reference:
Hearing aid
dispensing,
advertising,
etc.--Application: RCW 18.35.180.
Chapter 19.100
FRANCHISE INVESTMENT PROTECTION
19.100.010
DEFINITIONS.
When used in
this chapter, unless-the-context otherwise
requires:
(1)
"Advertisement" means any written
or printed communication or any communication by means of recorded telephone messages or spoken on radio, television, or
similar communication media published in
connection with an offer or sale of a
franchise.
(2)
"Community interest" means a continuing financial interest between the
franchisor and franchisee in the operation
of the franchise business.
(3)
''Director" means the director of
department of motor vehicles.
(4}
"Franchise" means an oral or written contract or agreement, either expressed or implied, in which a person grants to
another person, a license to use a trade
name, service mark, trade mark, logotype
or related characteristic in which there
is a community interest in the business of
offering, selling, distributing goods or
services at wholesale or retail, leasing,
or otherwise and in which the franchisee
is required to pay, directly or indirectly, a franchise fee:
PROVIDED, That none
of the following shall be construed as a
franchise within the meaning of
this
chapter:
(a}
The payment of a reasonable service
charge to the issuer of a credit card by
an establishment accepting or honoring
such credit card or any transaction relating to a bank credit card plan;
(b)
Actions or transactions otherwise
permitted, prohibited or regulated under
laws administered by the insurance commissioner of this state;
(c)
Any motor vehicle dealer franchise
subject to the provisions of chapter 46.70
RCW.
(5)
"Bank credit card plan" means a
credit card plan in which the issuer of
credit cards as defined by RCW 9.26A.010
(1)
is a national bank, state bank, trust
company or any other banking institution
subject to the supervision of the supervisor of banking of this state or any parent
or subsidiary of such bank.
(6)
"Franchisee" means a person to whom
a franchise is offered or granted.
(7)
"Franchisor" means a person who
grants a franchise to another person.
(8)
"Area franchise" means any contract
or
agreement between a franchisor or
subfranchisor whereby the subfranchisor is
granted the right to sell or negotiat~ the
[
sale of franchises in the name or on
behalf of the franchisor.
(9)
"Subfranchisor" means a person to
whom an area franchise is granted.
(10)
"Franchise
broker
or
selling
agent" means a person who directly or
indirectly engages
in
the
sale
of
franchises.
(11}
"Franchise fee" means any fee or
charge that a franchisee or subfranchisor
is required to pay or agrees to pay for
the right to enter into a business or to
continue a business under a franchise
agreement, including, but not limited to,
the payment either in lump sum or by
installments of an initial capital investment fee, any fee or charges based upon a
percentage of gross or net sales whether
or not referred to as royalty fees, any
payment for the mandatory purchase of
goods or services or any payment for goods
or services available only from the franchisor, or any training fees or training
school
fees or charges; however, the
following shall not be considered payment
of a franchise fee:
(a) the purchase or
agreement to purchase goods at a bona fide
wholesale
price;
(b)
the purchase or
agreement to purchase goods by consignment; if, and only if the proceeds remitted by the franchisee from any such sale
shall reflect only the bona fide wholesale
price of such goods; (c) a bona fide loan
to the franchisee from the franchisor; (d)
the purchase or agreement to purchase
goods at a bona fide retail price subject
to a bona fide commission or compensation
plan that in substance reflects only a
bona fide wholesale transaction;
(e)
the
purchase or lease or agreement to purchase
or lease supplies or fixtures necessary to
enter into the business or to continue the
business under the franchise agreement at
their fair market or rental value; (f) the
purchase or lease or agreement to purchase
or lease real property necessary to enter
into the business or to continue the
business under the franchise agreement at
the fair market or rental value;
(g)
amounts paid for trading stamps redeemable
in cash only; (h) amounts paid for trading
stamps to be used as incentives only and
not to be used in, with, or for the sale
of any goods.
(12)
"Person" means a natural person,
corporation,
partnership, trust, or other
entity and in the case of an entity, it
shall include any other entity which has a
majority interest in such an entity or
effectively controls such other entity as
well as the individual officers, directors, and other persons in act of control
of the activities of each such entity.
(13)
"Publish" means publicly to issue
or circulate by newspaper, mail, radio, or
television or otherwise to disseminate to
the public.
(14)
"Sale or sell" includes every contract of sale,
contract to sell,
or
disposition of a franchise.
(15)
"Offer or offer to sell" includes
every attempt or offer to dispose of or
126 ]
FRANCHISE INVESTMENT PROTECTION
19.100.180
--------------------------------------------------------------------------------------solicitation of an offer to buy a franchise or an interest in a franchise.
[1973 1st ex.s. c 33 § 3; 1972 ex.s. c 116
§ 1 ; 1 97 1 ex. s. c 2 52 § 1 . ]
19.100.180
ggb!TION ~ET~~gN lRAN~HI2QB
AND FRANCHISEE--RIGHTS AND PROHIBITIONS.
without-limiting-the-other--provisions--a£
this
chapter,
the following specific
rights and prohibitions shall govern the
relation between the franchisor or subfranchisor and the franchisees:
(1)
The parties shall deal with each
other in good faith.
(2)
For the purposes of this chapter
and without limiting its general application, it shall be an unfair or deceptive
act or practice or an unfair method of
competition and therefore unlawful and a
violation of this chapter for any person
to:
(a)
Restrict or inhibit the right of
the franchisees to join an association of
franchisees.
(b)
Require a franchisee to purchase or
lease goods or services of the franchisor
or from approved sources of supply unless
and to the extent that the franchisor
satisfies the burden of proving that such
restrictive purchasing agreements are reasonably necessary for a lawful purpose
justified on business grounds, and do not
substantially affect competition:
PROVIDED, That this provision shall not apply to
the initial inventory of the franchise.
In determining whether a requirement to
purchase or lease goods or services constitutes an unfair or deceptive act or
practice or an unfair method of competition the courts shall be guided by the
decisions of the courts of the United
states interpreting and applying the antitrust laws of the United States.
(c)
Discriminate between franchisees in
the charges offered or made for royalties,
goods, services, equipment, rentals,
ad·
vertising services, or in any other business dealing, unless and to the extent
that the franchisor satisfies the burden
of proving that any classification of or
discrimination between franchisees is reasonable, is based on franchises granted at
materially different times and such discrimination is reasonably related to such
difference in time or on other proper and
justifiable distinctions considering the
purposes of this chapter, and is not
arbitrary.
(d)
Sell, rent,
or offer to sell to a
franchisee any product or service for more
than a fair and reasonable price.
(e)
Obtain money, goods, services, anything of value, or any other benefit from
any other person with whom the franchisee
does business on account of such business
unless such benefit is disclosed to the
franchisee.
(f)
If the franchise provides that the
franchisee has an exclusive territory,
which exclusive territory shall be specified in the franchise agreement, for the
1973 RCW SUPP.
[
fr4nchisor or subfranchisor to compete
with the franchisee in an exclusive territory or to grant competitive franchises in
the exclusive territory area previously
granted to another franchisee.
(g)
Require franchisee to assent to a
release, assignment, novation, or waiver
which would relieve any person from liability imposed by this chapter.
(h)
Impose on a franchisee by contract,
rule, or regulation,
whether written or
oral, any standard of conduct unless the
person so doing can sustain the burden of
proving
such
to
be
reasonable and
necessary.
(i)
Refuse to renew a franchise without
fairly compensating the franchisee for the
fair market value, at the time of expiration of the franchise, of the franchisee's
inventory, supplies, equipment, and furnishings purchased from the franchisor,
and good will, exclusive of personalized
materials which have no value to the
franchisor,
and
inventory,
supplies,
equipment and furnishings not reasonably
required in the conduct of the franchise
business:
PROVIDED, That
compensation
need not be made to a franchisee for good
will if (i) the franchisee has been given
one year's notice of nonrenewal and (ii)
the franchisor agrees in writing not to
enforce any covenant which restrains the
franchisee from competing with the franchisor:
PROVIDED FURTHER, That a franchisor may offset against amounts owed to
a franchisee under this subsection any
amounts owed by such franchisee to the
franchisor.
(j)
To terminate a franchise prior to
the expiration of its term except for good
cause.
Good cause shall include,
without
limitation, the failure of the franchisee
to comply with lawful material prov1s1ons
of the franchise or other agreement between the franchisor and the franchisee
and to cure such default after being given
written notice thereof and a reasonable
opportunity,
which in no event need be
more than thirty days, to cure
such
default, or if such default cannot reasonably be cured within thirty days, the
failure of the franchisee to initiate
within thirty days substantial and continuing action to cure such default:
PROVIDED, That a franchisor may terminate a
franchise without giving prior notice or
opportunity to cure a default if the
franchisee
(i)
is adjudicated a bankrupt
or insolvent; (ii) makes an assignment for
the benefit of creditors or similar disposition of the assets of the franchise
business;
(iii)
voluntarily abandons the
franchise business; or (iv)
is convicted
of or pleads guilty or no contest to a
charge of violating any law relating to
the franchise business.
Upon termination
for good cause, the franchisor
shall
purchase from the franchisee at a fair
market value at the time of termination,
the franchisee's inventory and supplies,
exclusive of
(i)
personalized materials
which have no value to the franchisor;
127 ]
19.100.180
BUSINESS REGULATIONS-MISCELLANEOUS
--------------------------------------------------------------------------------------(ii) inventory and supplies not reasonably
required in the conduct of the franchise
business; and (iii), if the franchisee is
to retain control of the premises of the
franchise business, any inventory
and
supplies not purchased from the franchisor
or on his express requirement:
PROVIDED,
That
a franchisor may offset against
amounts owed to a franchisee under this
subsection any amounts owed by such franchisee to the franchisor.
[1973 1st ex.s.
c 33 § 4;
1972 ex.s. c 116 § 10; 1971
ex.s. c 252 § 18.)
Chapter 19.102
CHAIN DISTRIBUTOR SCHEMES
19.102.010
DEFINITIONS.
(1)
"Chain
distributor schemen--Is--a sales device
whereby a person, under a condition that
he make an investment, is granted
a
license or right to recruit for consideration one or more additional persons who
are also granted such license or right
upon condition of making an investment,
and may further perpetuate the chain of
persons who are granted such license or
right upon such condition. A limitation
as to the number of persons who may
participate, or the presence of additional
conditions affecting eligibility for the
above license or right to recruit or the
receipt of profits therefrom,
does not
change the identity of the scheme as a
chain distributor scheme.
(2)
"Person" means a natural person,
corporation, partnership, trust, or other
entity and in the case of an entity, it
shall include any other entity which has a
majority interest in such an entity or
effectively controls such other entity as
well as the individual officers, directors, and other persons in act of control
of the activities of each such entity.
(3)
"Investment" is any acquisition,
for a consideration other than personal
services, of personal property, tangible
or intangible, for profit or business
purposes, and includes, without limitation, franchises, business opportunities,
services and inventory for resale.
It
does
not
include sales demonstration
equipment and materials, furnished at cost
for use in making sales and not for
resale. [1973 1st ex.s. c 33 § 1.]
19.102.020
~B!1!
g~HIBI!~D--U!I!IR
Q~IBJ]YIQB
~~~~~~
~li!CTICE~
No person
shall promote, offer or grant participation in a chain distributor scheme.
Any
violation of this chapter shall be construed for purposes of the application of
the Consumer Protection Act, chapter 19.86
RCW, to constitute an unfair or deceptive
act or practice or unfair method
of
competition in the conduct of trade
commerce. [ 1973 1st ex.s. c 33 § 2.]
or
Chapter 19.105
CAMPING CLUBS
19.105.200
VIOLATIONS ~QliSTIIQI~ ~li=
FAIR QR DECEf.IIV~ PRACTiCE.!.. Any violation
of the provisions of this chapter shall be
construed, for the purposes of application
of the Consumer Protection Act, chapter
19.86 RCW, to constitute an unfair or
deceptive act or practice or unfair method
of competition in the conduct of trade or
commerce. [1973 1st ex.s. c 79 § 1.]
TITLE 20
COMMISSION MERCHANTS--AGRICULTURAL PRODUCTS
Sections added, amended, or repealed:
~h~£1g~ lQ~Ql
Agriculig~al grody£1~~2~=
mis~i2n ~~hani~ ~~le£~L ~£Q=
~g£~L £!Y,Yg£2L !gm!i~~
20.01.130
20.01.570
Disposition of fees.
cash or other security in lieu
of surety bond.
Chapter 20.01
AGRICULTURAL PRODUCTS--COMMISSION MERCHANTS, DEALERS, BROKERS, BUYERS, AGENTS
20.01.130
DISPOSITION OF FEES.
All
fees received~y-the-departmen;-under the
provisions of this chapter shall be paid
to the director and shall be used solely
for the purpose of carrying out
the
provisions of this chapter and rules and
regulations adopted hereunder.
[1973 c
142 § 1; 1971 ex.s. c 182 § 7; 1959 c 139
§ 13. ]
Cross Reference:
Cash or other security in lieu of surety
bond: RCW 20.01.570.
20.01.570
CASH OR Q!B~B 2~~YB1!! l!
LIEU OF SURETY--soND.
In lieu of the
surety- bond-required-under the provisions
of this chapter, an applicant or licensee
may file with the director a deposit
consisting of cash or other
security
acceptable to the director. The director
may adopt rules and regulations necessary
for the administration of such security.
[ 1973 c H2 § 2. ]
[ 128 ]
21.20.210
SECURITIES ACT OF WASHINGTON
--------------------------------------------------------------------------------------21.20.210
B~QJ~!BA!ION
BY QQA1I!1~A=
TIQH==~IA!~~~HTS==B~QQIREM!!TS==!Q~I!~~
TITLE 21
SECURITIES AND INVESTMENTS
JA~~H~~~]!
sections added, amended, or repealed:
~haE!.~ .ll~Q
Securi!,i,g§ Ac!,
Ql
~il2hi.ng1Qfu
Registration by Qualification
21.20.210
Registration by qualification-statements--Requirements--Audits. (Amendment effective January 1, 1975.)
Investigations and Subpoenas
21.20.370
Investigations--Statement
of
facts relating to investigation
may be permitted--Publication
of information. (Amendment effective January 1, 1975.)
Advisory Committee
21.20.550
21.20.560
state advisory committee--Composition, appointment, qualifications.
(Amendment effective
January 1, 1975.)
State
advisory
committee-Chairman, secretary--Meetings.
(Amendment effective January 1,
1975.)
Additional Provisions
[Effective January 1, 1975.]
21.20.700
21.20.705
21.20.710
21.20.715
21.20.720
21.20.725
21.20. 740
21.20.745
21.20.750
21.20.800
21.20.805
Investigations
and
examinations--Additional
authority-Scope.
Debenture
companies-Definition.
Debenture
companies--Paid-in
capital requirements-Waiver.
Debenture
companies--Maturity
date requirements.
Debenture companies--Prohibited
activities
by
directors or
officers.
Debenture
companies--Certificates
of
debenture-Requirements.
Reports--Requirements.
Reports--Violations of reporting
requirements--Penalties-Contribution.
Reports-suspension of sale of
securities until reporting requirements complied with.
Severability--1973 1st ex.s. c
171.
Effective date--Construction-1973 1st ex. s. c 171.
Chapter 21.20
SECURITIES ACT OF WASHINGTON
REGISTRATION BY QUALIFICATION
1973 RCW SUPP.
[
~l!~~!I!~
~AHQABI
1L
1212~~
Any security may be registered by qualification. A registration statement under
this section shall contain the following
information and be accompanied by the
following documents, in addition to payment of the registration fee prescribed in
RCW 21.20.340, and, if required under RCW
21.20.330, a consent to service of process
meeting the requirements of that section:
(1)
with respect to the issuer and any
significant subsidiary:
Its name, address, and form of organization; the state
or foreign jurisdiction and date of its
organization; the general character and
location of its business; and a description of its physical
properties
and
equipment.
(2)
With respect to every director and
officer of the issuer, or person occupying
a similar status or performing similar
functions:
His name, address, and principal occupation for the past five years;
the amount of securities of the issuer
held by him as of a specified date within
ninety days of the filing of the registration statement; the remuneration paid to
all such persons in the aggregate during
the past twelve months, and estimated to
be paid during the next twelve mo-nths,
directly or indirectly, by the issuer
(together with all predecessors, parents
and subsidiaries).
(3)
With respect to any person not
named in RCW 21. 20.210
(2) , owning of
record, or beneficially if known, ten
percent or more of the outstanding shares
of any class of equity security of the
issuer: The information specified in RCW
21.20.210 (2) other than his occupation.
(4)
With respect to every promoter, not
named in RCW 21.20. 210 (2), if the issuer
was organized within the past three years:
The information specified in RCW 21.20.210
(2) ,'any amount paid to him by the issuer
within that period or intended to be paid
to him, and the consideration for any such
payment.
(5)
The capitalization and long-term
debt
(on both a current and a pro forma
basis) of the issuer and any significant
subsidiary, including a description of
each security outstanding or being registered or otherwise offered, and a statement
of
the
amount
and
kind
of
consideration (whether in the form of
cash, physical assets, services,
patents,
goodwill, or anything else) for which the
issuer or any subsidiary has issued any of
its securities within the past two years
or is obligated to issue any of its
securities.
(6)
The kind and amount of securities
to be offered; the amount to be offered in
this state; the proposed offering price
and any variation therefrom at which any
portion of the offering is to be made to
any persons except as underwriting and
selling discounts and commissions; the
129 ]
21.20.210
SECURITIES AND INVESTMENTS
---------------------------------------------------------------------------------estimated aggregate underwriting and selling discounts or commissions and finders'
fees (including separately cash, securities, or anything else of value to accrue
to the underwriters in connection with the
offering); the estimated amounts of other
selling expenses, and legal, engineering,
and accounting expenses to be incurred by
the issuer in connection with the offering; the name and address of every underwriter and every recipient of a finders'
fee; a copy of any underwriting or selling
group agreement pursuant to which the
distribution is to be made, or the proposed form of any such agreement whose
terms have not yet been determined; and a
description of the plan of distribution of
any securities which are to be offered
otherwise than through an underwriter.
(7)
The estimated cash proceeds to be
received by the issuer from the offering;
the purposes for which the proceeds are to
be used by the issuer; the amount to be
used
for each purpose; the order or
priority in which the proceeds will be
used for the purposes stated; the amounts
of any funds to be raised from other
sources to achieve the purposes stated,
and the sources of any such funds; and, if
any part of the proceeds is to be used to
acquire any property (including goodwill)
otherwise than in the ordinary course of
business, the names and addresses of the
vendors and the purchase price.
(8)
A description of any stock options
or other security options outstanding, or
to be created in connection with the
offering, together with the amount of any
such options held or to be held by every
person required to be named in RCW 21.20.210 {2), (3), (4), (5) or (7) and by any
person who holds or will hold ten percent
or more in the aggregate of any such
options.
(9)
The states in which a registration
statement or similar document in connection with the offering has been or is
expected to be filed.
(10) Any adverse order, judgment, or
decree previously entered in connection
with the offering by any court or the
securities
and exchange commission;
a
description of any pending litigation or
proceeding to which the issuer is a party
and which materially affects its business
or assets {including any such litigation
or proceeding known to be contemplated by
governmental authorities).
(11) A copy of any prospectus or circular intended as of the effective date to
be used in connection with the offering.
(12) A specimen or copy of the security
being registered; a copy of the issuer's
articles of incorporation and bylaws, as
currently in effect; and a copy of any
indenture or other instrument covering the
security to be registered.
(13) A signed or conformed copy of an
opinion of counsel, if available, as to
[
the legality of
the
security
being
registered.
(1~)
(a)
If the issuer is a commercial,
industrial or extractive company in the
promotional, exploratory or development
stage, the following statements:
(i)
Separate statements of (A)
assets,
(B)
liabilities, and (C) capital shares,
as of a date within one hundred twenty
days prior to the filing of the registration statement.
(ii) A statement of cash receipts and
disbursements for each of at least three
full fiscal years prior to the date of the
statements furnished pursuant to paragraph
(i)
above, and for the period, if any,
between the close of the last full fiscal
year and the date of such statements, or
for the period of the issuer's existence
if less than the period specified above.
(iii) In such statements, dollar amounts
shall be extended only for cash transactions and transactions involving amounts
receivable or payable in cash.
(b)
If paragraph (a) does not apply to
the issuer, there shall be furnished:
(i)
Financial statements consisting of
a balance sheet of the issuer as of a date
within four months prior to the filing of
the registration statement, and as of the
date of the end of the last fiscal year if
more
than four months prior to such
filing.
(ii) statements of income, shareholders'
equity, and changes in financial position
for each of the three fiscal years preceding the date of the latest balance sheet
and for any period between the close of
the last fiscal year and the date of the
latest balance sheet, or for the period of
the issuer's and any predecessor's existence if less than three years.
(iii) If any part of the proceeds of the
offering is to be applied to the purchase
of any business whose annual sales or
revenues are in excess of fifteen percent
of the registrant's sales or revenues or
involves acquisition of assets in excess
of fifteen percent of the registrant's
assets, except as specifically exempted by
the director, financial statements shall
be filed which would be required if that
businsss were the registrant.
(c)
If the estimated proceeds to be
received from the offering, together with
the proceeds from securities registered
under this section during the year preceding
the date of the filing of this
registration statement, exceed one hundred
thousand dollars, the statements described
in subsection (14) (a) (i) or (14) (b) (i)
of this section as of the date of the
close of the last fiscal year and the
related financial statements specified in
subsections (14) (a)
(ii)
and (14)
(b)
(ii)
of this section for the last fiscal
year shall be audited, For registration
statements filed after December 31, 1975,
and if such proceeds exceed five hundred
thousand dollars, the financial statements
specified in subsections ( 14) (a) (ii) and
130 )
21.20.700
SECURITIES ACT OF WASHINGTON
--------------------------------------------------------------------------------------ADVISORY COMMITTEE
(14) (b) (ii) of this section for the last
two fiscal years shall be audited.
(d)
such financial statements and such
other financial information as may be
prescribed by the director shall be prepared as to form and content in accordance
with the rules and regulations prescribed
by the director and shall be audited, as
provided in paragraph
(c) above, by an
independent certified public accountant
who is authorized to practice under the
laws of the state of washington and who is
not an employee, officer, or member of the
board of directors of the issuer or a
holder of the securities of the issuer.
The report of such independent certified
public accountant shall be based upon an
audit made in accordance with generally
accepted auditing standards with no limitations on its scope. The director may
also verify such statements by examining
the issuer's books and records.
(15)
The written consent of any accountant, engineer, appraiser, attorney,
or any person whose profession
gives
authority to a statement made by him, who
is named as having prepared or audited any
part of the registration statement or is
named as having prepared or audited a
report or valuation for use in connection
with the registration statement.
[1973
1st ex.s. c 171 § 1; 1959 c 282 § 21.]
STAT~
!QYISOR! £Q~~I!~==
!EfOI]!ME]!L QUALIII~!!IQ!~~
JA~~ND~~!I
~!fjCTIYl !!ANUARY 1L 12.12~
There is hereby created a state advisory
committee which shall consist of seven
members to be appointed by the governor on
th~ basis of their experience and qualifications. The membership shall be selected, insofar as possible, on the basis of
giving both geographic representation and
representation to all phases of the securities business including the legal and
accounting professions. [1973 1st ex.s. c
171 § 3; 1959 c 282 §55.]
21.20.550
CO~EQ~I!IO]L
21.20.560
~IATj
!QYI~Q~!
£Q~~III~l==
SECRETARY--MEETINGS. J!~~]Q~l]!
EFFECTIVE -~ANUARY--}:--191~~~
(1)
The
shall select a chairman and a
secretary from their group.
(2)
Regular meetings may be held quarterly, or semiannually, and special meetings may be called by the chairman upon at
least seven days' written notice to each
committee member sent by regular mail.
(1973 1st ex.s. c 171 § 4; 1959 c 282 §
56.]
£H!I~~ANL
committee
INVESTIGATIONS AND SUBPOENAS
ADDITIONAL PROVISIONS
[Effective January 1, 1975)
21.2o.31o
INY~~TI2A1IoNs==~IATEn~NT QI
I!~I~ ~~1ATI]2
IQ INYESIIG!IIQN ~!! ~1
gERnii!~Q=-PQBLI~ATIQ] Q! I!IQ~n!IIO]~ 1!=
~~!Qn~N! EFFECTIY~ J!]Q!]!
121~~~
The
1L
director in his discretion (1) may annually, or more frequently, make such public
or private investigations within or without this state as he deems necessary to
determine whether any registration should
be granted, denied or revoked or whether
any person has violated or is about to
violate any provision of this chapter or
any rule or order hereunder, or to aid in
the enforcement of this chapter or in the
prescribing of rules and forms hereunder,
(2) may require or permit any person to
file a statement in writing, under oath or
otherwise as the director may determine,
as to all the facts and circumstances
concerning the matter to be investigated,
and
(3)
shall publish information concerning any violation of this chapter or
any rule or order hereunder.
[1973 1st
ex.s. c 171 § 2; 1959 c 282 § 37.]
cross Reference:
Investigations, additional
scope: RCW 21.20.700.
1 97 3 RCW SUPP.
21. 20.700
INVEST,NATIQ~ AND
l!!MI]!.:.
TIQf:!L--::ADDITIQNA1
AU!HQEITbS£QPE~
In
addition to the authority conferred in RCW
21.20.370 the director at any time during
a public offering whether registered or
not, or one year thereafter or at any time
that any debt or equity securities which
have been sold to the public pursuant to
registration under chapter 21.20 RCW are
still outstanding obligation of the issuer: (1) May investigate and examine the
issuer for the purpose of ascertaining
whether there have been violations of
chapter 21.20 RCW, regulations thereunder,
or conditions expressed in the permit for
the public offering;
(2) may require or
permit any person to file a statement in
writing, under oath or otherwise as the
director may determine, as to all the
facts and circumstances concerning the
matter to be investigated; and
(3)
may
publish information concerning any violation of this chapter or any rule or order
hereunder.
Said examination and investigation, whether conducted within or without this state, shall include the right to
reasonably examine the issuer's books,
authority,
[
131
]
21.20.700
SECURITIES AND INVESTMENTS
--------------------------------------------------------------------------------------accounts, records, files,
papers, feasibility reports, other pertinent information and obtain written permission from
the issuer to consult with the independent
accountant who audited
the
financial
statements of the issuer. The reasonable
costs of such examination shall be paid by
the issuer to the director:
PROVIDED,
HOWEVER, The issuer shall not be liable
for the costs of second or subsequent
examinations during a
calendar
year.
( 1973 1st ex.s. c 171 § 5.]
Cross Reference:
Investigations:
liquid assets as defined by rules and
regulations.
In addition to the requirements
set
forth in subsections (1), (2) , and (3) of
this section, to the extent that a debenture company has outstanding securities
other than capital stock totaling
in
excess of $1,000,000, the debenture company's paid-in capital, equity reserves, and
undivided profits shall be at least five
percent of the outstanding securities in
excess
of
$1,000,000,
but not over
$10,000,000, and two and one-half percent
additional paid-in capital, equity reserves, and undivided profits for all
securities in excess of $10,000,000: PROVIDED, That the director may for good
cause in the interest of the existing
investors, waive this requirement:
PROVIDED FURTHER, That if the director waives
the minimum requirements set forth in this
section,
any debenture company taking
advantage of this waiver shall set aside
into its equity reserves and undivided
profits, at least five percent of the net
earnings of each year, until such time as
they can meet the requirements without
waiver from the director. (1973 1st ex.s.
c171§7.]
RCW 21.20.370.
21.20.705
DEBENTURE COKPANIES--DEFINITION.
When us;dinthis- chapter:--'iiiileSs
the context otherwise requires, "debenture
company" means an issuer of any securities
which is required to be registered under
the provisions of this chapter and which
is not exempted from such registration
requirements by RCW 21.20.310; which is
engaged or proposes to engage in the
business of investing, reinvesting, owning, holding, leasing, or trading in real
or chattel mortgages, deeds of trust, or
land or personal property contracts, or
security agreements and financing statements under the uniform commercial code,
or land contracts; and which has issued or
proposes to issue notes, debentures and
other obligations for money used or to be
used as capital of the issuer. (1973 1st
ex.s. c 171 § 6.]
2 1 • 2 o• 71 o
21.20.715
~BENTUR~ £Q~£!li~.§.==~TU]1=
TY ~!!~ REQUlgEMENTS~ Any debenture company
offering debt securities to the
public shall provide that at least fifty
percent of the amount of those securities
sold after July 1, 1973, shall
have
maturity dates of two years or more.
[ 1973 1st ex. s. c 171 § 8.]
l2~12~!!I!!.B~ fQlU~A.HI~.§.=gHQ=I]:
~API.I!1 ]~QIREMENT~-=!11!~
No debenture company shall offer for sale any
security other than capital stock which
would result in the violation of the
following paid-in capital requirements:
(1)
For outstanding securities other
than capital stock totaling $1 to $500,000
there must be at least $SO,OCO paid-in
capital; said paid-in capital must be in
the form of cash or comparable liquid
assets as defined by rules and regulations; and
(2)
For outstanding securities other
than capital stock totaling $500,001 to
$750,000 there must be at least $75,000
paid-in capital; said paid-in capital must
be in the form of cash or comparable
liquid assets as defined by rules and
regulations; and
(3)
For outstanding securities other
than capital stock totaling $750,001 to
$1,000,000 there must be at least $100,000
paid-in capital; said paid-in capital must
be in the form of cash or comparable
[
21.20.720
DEBENTURE COMPANIES--PROHIB-
ITED AcTIVITIEs-B!-niREciois-oa--orprCiis:
(1)- -A-director-or-officer-of-a debenture
company shall not:
(a)
Have any interest, direct or indirect, in the gains or profits of the
debenture company, except to receive dividends upon the amounts contributed by him,
the same as any other depositor or shareholder and under the same regulations and
conditions:
PROVIDED, That nothing in
this subsection shall be construed to
prohibit salaries as may be approved by
the
debenture
company's
board
of
directors:
(b)
Become a member of the board of
directors or a controlling shareholder of
another debenture company or a bank, trust
company, or national banking association,
of which board enough other directors or
officers of the debenture co~pany are
members so as to constitute with him a
majority of the board of directors.
132
J
SECURITIES ACT OF WASHINGTON
21.20.740
--------------------------------------------~----------------------------~------------
(2)
Neither a director nor an officer
shall:
(a)
For himself or as agent or partner
of another, directly or indirectly use any
of the funds held by the debenture company,
except to make such current and
necessary payments as are authorized by
the board of directors;
(b)
Receive directly or indirectly and
retain for his own use any commission on
or benefit from any loan made by the
debenture company, or any pay or emolument
for services rendered to any borrower from
the debenture company in connection with
such loan;
(c)
Become
an indorser, surety, or
guarantor, or in any manner an obligor,
for any loan made from the debenture
company and except when approval has been
given by the director of the department of
motor vehicles or his administrator of
securities
upon recommendation by the
company's board of directors.
(d)For himself or as agent or partner of
another, directly or indirectly borrow any
of the funds held by the debenture company, or become the owner of real property
upon which the debenture company holds a
mortgage. A loan to or a purchase by a
corporation in which he is a stockholder
to the amount of fifteen percent of the
total outstanding stock, or in which he
and other directors or officers of the
debenture company hold stock to the amount
of twenty-five percent of the total outstanding stock, shall be deemed a loan to
or a purchase by such director or officer
within the meaning of this section, except
when the loan to or purchase by such
corporation occurred without his knowledge
or against his protest. (1973 1st ex.s. c
171 § 9.]
21.20.725
QEB]HillgE ~QMP!Hl]~--~]RT!f=
Qf QEBEHIYBE==REQUIEE~EHTS~
(1)
Debenture companies shall not issue certificates of debentures in passbook form,
or in such other form which suggests to
the holder thereof that such moneys may be
withdrawn on demand.
(2)
Each certificate of debenture or an
application for a certificate shall specify on the face of the certificate or
application therefor, in twelve point bold
face type or larger, that such debenture
is not insured by the United
States
government, the state of washington, or
any agency thereof. (1973 1st ex.s. c 171
§ 10. ]
l~!I]~
1973 RCW SUPP.
(
21.20.740
B~PORTS-=g!2Q!~H!~
(1)
Every issuer which has registered iecurities under Washington state securities law
shall
file with the director reports
described in subsection (2) of this section. such reports shall be filed with the
director not more than one hundred twenty
days
(unless extension of time is granted
by the director)
after the end of the
issuer's fiscal year.
(2)
The reports required by subsection
(1)
of this section shall contain such
information, statements and documents re•
garding the financial and business conditions of the issuer and the number and
description of securities of the issuer
held by its officers, directors and controlling shareholders and shall be in such
form and filed at such annual times as the
director may require by rule or order.
For the purposes of RCW 21.20.720,
21.20.740 and 21.20.745, a "controlling shareholder" shall mean a person
who
is
directly
or indirectly the beneficial
holder of more than ten percent of the
outstanding
voting
securities
of an
issuer.
(3)
(a)
The reports described in subsection (2) of this section shall include
financial
statements
corresponding to
those required under the provisions of RCW
21.20.210 and to the issuer's fiscal year
setting forth in comparative form the
corresponding information for the preceding year and such financial statements
shall be furnished to all shareholders
within one hundred twenty days
(unless
extension
of time is granted by the
director) after the end of such year, but
at least twenty days prior to the date of
the annual meeting of shareholders.
(b)
Such financial statements shall be
prepared as to form and content in accordance with rules and regulations prescribed by the director and shall be
audited (except that financial statements
filed prior to July 1,
1976 need be
audited only as to the most recent fiscal
year) by an independent certified public
accountant who is not an employee, officer
or member of the board of directors of the
issuer or a holder of securities of the
issuer. The report of such independent
certified public accountant shall be based
upon an audit made in accordance with
generally accepted auditing standards with
no limitations on its scope.
(4)
The director may by rule or order
exempt any issuer or class of issuers from
this section for a period of up to one
year if he finds that the filing of any
such report by a specific issuer or class
of issuers is not necessary for
the
protection of investors and the public
interest.
(5)
For the purposes of RCW 21. 20.740
and 21.20.745, "issuer" does not include
issuers of:
(a)
Securities registered by the issuer
pursuant to section 12 of the securities
and exchange act of 1934 as now
or
133 ]
21.20.740
SECURITIES AND
INVEST~ENTS
--------------------------------------------------------------------------------------hereafter amended or exempted from registration under that act on a basis other
than the number of shareholders and total
assets.
(b)
Securities which are held of record
by less than two hundred persons or whose
total assets are less than $500,000 at the
close of the issuer's fiscal year.
(6)
Any issuer who has been required to
file under RCW 21.20.740 and who subsequently becomes excluded from the definition
of
"issuer"
by virtue of RCW
21.20.740 (5) must file a certification
setting forth the basis on which they
claim to no longer be an issuer within the
meaning of *this act.
(7)
The reports filed under this section shall be filed and maintained by the
director for public inspection.
Any person is entitled to receive copies thereof
from the director upon payment of the
reasonable costs of duplication.
(8)
Filing of reports pursuant to this
section shall not constitute an approval
thereof by the director or a finding by
the director that the report is true,
complete and not misleading. It shall be
unlawful to make, or cause to be made, to
any prospective purchaser, seller, customer or client, any representation inconsistent with this subsection.
[ 1973 1st
ex.s. c 171 § 11.]
,!Revi§.gr•s .!!Qigl
"this act" apparently
refers to 1973 1st ex.s. c 171 which
consists of amendments to RCW 21.20.210,
21.20.370, 21.20.550,
21.20.560, and to
RCW 21.20.700-21.20.805.
(2)
Any issuer and other person who
violate subsection (1)
of this section
shall be liable jointly and severally for
the damages occasioned by such violation,
together with reasonable attorney fees and
costs
to any person who, during the
continuation of the violation and without
actual notice of the violation, purchases
or sells any securities of the issuer
within six months following the date the
violation commenced.
(3)
No suit or action may be commenced
under subsection (2) of this section more
than one year after the purchase or sale.
(4)
Any person held liable under this
section shall be entitled to contribution
from those jointly and severally liable
with him. ( 1973 1st ex.s. c 171 § 12.]
21.20.750
li~PORT~==2M~R~B§lQ~ QI
§!~~
OF §~~JilililES UNTil! REPORTll!i RE.QQ.lli~MENI~
COMPLIED WITH.
In case of a violation of
Rcw--2~20:740 and 21.20.745, the director
may suspend sale or trading by or through
a broker-dealer of the securities of the
issuer until the failure to file a report
or statement or the inaccuracy or omissions in any report or statement are
remedied as determined by the director.
[1973 1st ex.s. c 171 § 13.]
Effective date--Construction--Severabilii~=-197J-- I~i- gx.s.--£ 1111. -see~cw
21.20.800 and 21.20.805.
21.20.800
SEVERABILITY--1973 1ST EX.S.
If any--provision--of--this -1973
amendatory act, or its application to any
person or circumstance is held invalid,
the remainder of the act, or the application of the provision to other persons or
circumstances is not affected. [1973 1st
ex. s. c 171 § 15 . ]
~ 111~
21.20.745
B]RORTS==VIQb!!lQ~~
QK
li~=
~QRTING liEQUJ!UiMENTS--PEN!IJ:l~~=~ONIRI£!!I=
I!Qfu. (1)
It is unlawful for any person,
including the officers and directors of
any issuer,
to fail to file a report
required by RCW 21.20.740 or to file any
such report which contains an
untrue
statement of a material fact or an omission to state a material fact necessary in
order to make the statements made, in
light of the circumstances under which
they are made, not misleading unless such
person did not know, and in the exercise
of reasonable care could not have known,
of the failure, untruth or omission.
In
addition to any other penalties or remed~es provided by chapter 21.20
RCW, each
officer and director of an issuer which
violates this subsection shall be personally liable for damages as provided in
subsection (2) of this section if such
officer or director:
(a)
Had actual notice of the issuer's
duty to file reports;
(b)
Knew, or in the exercise of reasonable care could have known of the violation; and
(c)
Could have prevented the violation.
g~vi§§lr's n.£kl
"this 1973 amendatory
act", see note following RCW 21.20.805.
21.20.805
~FECTIV~
Q!!~==~Q~~TR!!~=
TION--1973 1ST EX.S. C 171~ This 1973
amendatory act-shall~ake effect on January 1, 1975: PROVIDED HOWEVER, That debenture companies registered pursuant
to
chapter 21.20 RCW as of January 1, 1974,
and for which there are no stop orders
outstanding shall have until January 1,
1975, to comply with the requirements of
section 7 of this 1973 amendatory act.
(1973 1st ex.s. c 171 § 14.]
Reviser's note: "This 1973 amendatory
ac~[1973 -1st- ex.s. c 171] consists of
amendments to RCW 21.20.210, 21.20.370,
21.20.550, 21.20.560 and to RCW 21.20.70021.20.805. Section 7 is codified as RCW
21.20.710.
[ 134 J
23A.08.480
SUBSTANTIVE PROVISIONS
--------------------------------------------------------------------------------------shares.
5. ]
TITLE 23A
WASHINGTON BUSINESS CORPORATION ACT
sections added, amended, or repealed:
~M..Ei~
llL.Qft
§.ubstantiy~ fiQVi§iO.!l~h.
23!.08.305 Missing shareholders--Representation of at meetings--Voting.
23A.08.310 Stock transfer by married
person.
23!.08.480 Annual report--Contents--Filing--Compliance--Violation-Penalty.
23A.32.060 Filing of application for certificate of authority.
Chapter 23A.08
SUBSTANTIVE PROVISIONS
[1973 c 28 § 1; 1969 ex.s. c 58§
23A.08.310
2IQ£K IR!NSf~R ~I MARRI~Q
PERSON.
Certificates of stock and the
shares-represented thereby standing in the
name of a married person may be transferred by such person, such person's agent
or attorney, without the signature of such
person's spouse.
All dividends payable
upon any shares of a corporation standing
in the name of a married person, shall be
paid to such married person, such person's
agent or attorney, in the same manner as
if such person were unmarried,
and it
shall not be necessary for the other
spouse to join in a receipt therefor; and
any proxy or power given by a married
person, touching any shares of any corporation standing in such person's name,
shall be valid and binding without the
signature of the other spouse. [1973 1st
ex.s. c 154 § 23; 1965 c 53 § 34.]
~~ve.rs~i1iiY==J273
12!
~~~§~
note following RCW 2.12.030.
23!.08.305
~ISSIH2
§.~AREfiQ1QERS=~~g~
RESENTATION OF AT ~~IINGS-=YQTING.
Upon
a-showing-to the super1or court of the
county in which the registered office of a
corporation is situated that:
(1)
The addresses of the shareholders
of record are lost, destroyed, incomplete
or inadequate, and
(2)
Notice of a meeting of shareholders
for a purpose requiring the affirmative
vote of the holders of two-thirds of any
class of shares has been given in the
manner required by law as nearly as may be
done and has been published in a legal
newspaper in Thurston county and in the
county in which the registered office of
the corporation is situated not less than
ten nor more than fifty days before the
date of the meeting, the court shall
appoint a disinterested person to represent the missing shareholders of record at
the meeting and to report his findings to
the court which findings may
include
comments upon the showing made to the
court as hereinabove provided. The court
shall then approve any action taken at the
meeting by the shareholders present in
person
or by proxy if the court is
satisfied that it is in the best interests
of the missing shareholders, and such
approval shall have the same force and
effect as an affirmative vote at the
meeting by the missing shareholders.
Said
disinterested person shall receive reasonable compensation for his services from
the corporation, to be fixed by the court.
(3)
Published notice given under subsection
(2)
of this section shall state
that:
(a)
shareholders who have not received
notice by mail will be treated as missing
shareholders; and
(b)
if the missing shareholders fail to
appear at the shareholders• meeting, the
court will appoint a person to vote their
1973 RCW SUPP.
[
23A.08.480
ANNUAL
£
12~1
See
REPORT--CONTENTS--
FILING--COMPLIANCE=:VIOLATION.::PENALTY~--­
(1)-~ver¥-corporation-hereafter-organized
under this title and any foreign corporation authorized to do business in the
state of Washington, shall
(a)
within
thirty days after it shall have filed its
articles of incorporation with the county
auditor of the county in which the corporation has its registered office, or (b)
within thirty days of the issuance of its
certificate of authority, file an annual
report with the officials and containing
the information described in subsections
(2) (a) through (2) (d) of this section.
(2)
In
addition,
every corporation
heretofore or hereafter organized under
the laws of the territory or state of
Washington and any foreign corporation
authorized to do business in Washington
shall at the time it is required to pay
its annual license fee and at such additional times as it may elect, file with
the secretary of state and with the county
auditor of the county in which
said
corporation has its registered office an
annual report, sworn to by its president
and attested by its secretary, containing,
as of the date of execution of the report:
(a) The name of the corporation and the
state or country under the laws of which
it is incorporated.
(b) The address of the registered office
of the corporation in this state including
street and number and the name of its
registered agent in this state at such
address, and, in the case of a foreign
corporation, the address of its principal
office in the state or country under the
laws of which it is incorporated.
(c) A brief statement of the character
of the affairs which the corporation is
actually conducting, or, in the case of a
135 ]
23A.08.480
WASHINGTON BUSINESS CORPORATION ACT
--------------------------------------------------------------------------------------foreign corporation, which the corporation
is actually conducting in this state.
(d) The names and respective addresses
of the directors and officers of the
corporation.
(3) The secretary of state shall file
such annual report in his office for the
fee of two dollars. If any corporation
shall fail to comply with the foregoing
provisions of this section and more than
one year shall have elapsed from the date
of the filing of the last report, service
of process against such corporation may be
made by serving duplicate copies upon the
secretary of state.
Upon such service
being made, the secretary of state shall
forthwith mail one of such
duplicate
copies of such process to such corporation
at its registered office or its last known
address, as shown by the records of his
office.
(4)
For every violation of this section
there shall become due and owing to the
state
of Washington the sum of five
dollars which sum shall be collected by
the secretary of state. (1973 c 71 § 1;
1971 ex.s. c 133 § 1; 1971 ex.s. c 38 § 6;
1969 ex.s. c 83 § 2; 1967 c 190 § 3; 1965
c 53 § 51. J
TITLE 24
CORPORATIONS AND ASSOCIATIONS (NONPROFIT)
Sections added, amended, or repealed:
Ch~J2~.£ ~.!..Ql
jiashingtQ!l !Q!illrofi!.
ll tiQ!l !£!.!..
24.03.400
Filing of annual report of domestic and foreign
corporations.
24.06. 045
24.06.290
Corporate name.
Proceedings for involuntary
dissolution--Rights, duties and
remedies.
Filing of annual report of domestic and foreign
corporations.
Fees for filing documents and
issuing certificates.
Miscellaneous charges.
24.06.445
24.06.450
24.06.455
24.44.010
24.44.020
24.44.030
24.44.040
24.44.050
24.44. 060
Chapter 23A.32
FOREIGN CORPORATIONS
24.44.070
23A.32.060
II11!§ QI !RR1I£!!IQ! !Q]
£YTIFIC!ll OF AUTHORITL. Duplicate originals of the application of the corporation for a certificate of authority shall
be delivered to the secretary of state,
together with a copy of the certificate of
good standing, duly authenticated by the
proper officer of the state or country
under
the
laws
of
which
it
is
incorporated.
If the secretary of state finds that
such
application conforms to law, he
shall, when all fees have been paid as in
this title prescribed:
(1)
Endorse on each of such documents
the word "Filed", and the month, day and
year of the filing thereof.
(2) File in his office one of such
duplicate originals of the application.
(3) Issue a certificate of authority to
transact business in this state to which
he shall affix the other duplicate original application.
The certificate of authority, together
with the duplicate original of the application affixed thereto by the secretary of
state, shall be returned to the corporation or its representative. [1973 c 89 §
1; 1971 c 22 § 2; 1965 c 53§ 114.]
~orpo.:.
24.44. 08 0
24.44.090
24.44.900
Definitions.
Appropriation of appreciation.
Investment authority.
Delegation of investment
management.
Standard of conduct.
Release of restrictions on use
or investments.
Uniformity of application and
construction.
Short title.
Section headings.
Severability--1973 c 17.
Chapter 24.0 3
WASHINGTON NONPROFIT CORPORATION ACT
24.03.400
FILING OF ANNUAL REPORT OF
!ND ~oREIGN-CORPORATiois:--such
annual report of--a--aomestic--or--foreign
corporation shall be delivered to the
secretary of state between the first day
of January and the first day of March of
each year, except that the first annual
report of a domestic or foreign corporation shall be filed between the first day
of January and the first day of March of
the year next succeeding the calendar year
in which its certificate of incorporation
or its certificate of authority, as the
case may be, was issued by the secretary
of state. Proof to the satisfaction of
the secretary of state that prior to the
first day of March such report was deposited in the United States mail in a sealed
envelope, properly addressed, with postage
prepaid, shall be deemed a compliance with
this requirement.
If the secretary of
state finds that such report substantially
conforms to the requirements ,of
this
QQHg~IIC
[ 136 ]
MISCELLANEOUS AND MUTUAL CORPORATIONS ACT
24.06.450
--------------------------------------------------------------------------------------chapter, he shall file the same.
90 § 1; 1967 c 235 § 81.]
[1973
c
Chapter 24.06
MISCELLANEOUS AND MUTUAL CORPORATIONS ACT
~ORfQRA!~
NAM~~
The corpo24.06.045
rate name:
(1)
Shall
not contain any word or
phrase which indicates or implies that it
is organized for any purpose other than
one or more of the purposes contained in
its articles of incorporation.
(2)
Shall not be the same as, or deceptively similar to, the name of any corporation existing under any act of this
state, or any foreign corporation authorized to transact business or conduct
affairs in this state under any act of
this state or a corporate name reserved or
registered as permitted by the laws of
this state.
(3)
Shall be transliterated into letters of the English alphabet if it is not
in English.
(4)
The name of any corporation formed
under this section after June 7, 1973
shall not end with "incorporated", "company", or "corporation" or any abbreviation
thereof, but may use "club",
"league",
"association",
"services", "committee",
"fund", "society", or any name of like
import.
(1973 c 113 § 1; 1969 ex.s. c 120
§ 9. ]
24.06.290
f~Q~!N§~
lQli
INVOLQNI!lii
!ND REM~DI~~.:.
Failure of the corporation to file its
annual report within the time required
shall not derogate from the rights of its
creditors, or prevent the corporation from
being sued and from defending lawsuits,
nor shall it release the corporation from
any of the duties or liabilities of a
corporation under law.
When a corporation has failed to file
its annual report within the time required,
the secretary of state shall
notify the corporation by first class mail
that it shall cease to exist if it does
not perform the required act within thirty
days after the mailing of notice. If the
corporation fails to perform within thirty
days, it shall automatically cease to
exist.
A corporation which has ceased to exist
by operation of this section may
be
reinstated within a period of three years
following its dissolution by operation of
the law if it shall file its annual report
and in addition pay a reinstatement fee of
five dollars plus any other fees that may
be due or owing the secretary of state.
When a corporation has ceased to exist by
operation of this section, remedies available to or against it shall survive in the
manner provided by RCW 24.06.335
and
thereafter the directors of the corporation shall hold title to the property of
.!2IS~LU!1QN=]IGHTSL 12Q.I!~~
1973 RCW SUPP.
[
the corporation as trustees for the benefit of its creditors and shareholders.
(1973 c 70 § 1; 1969 ex.s. c 120 §58.]
24.06.445
FI1I!§ Ql ANNQ!b E~fQ~! Ql
DOMESTIC AND lQli~!GN ~QBfQB!!!Q!~.:.
An
annual-report of each domestic or foreign
corporation shall be delivered to the
secretary of state between the first day
of January and the first day of March of
each year: PROVIDED, That th~ first annual
report of a domestic or foreign corporation shall be filed between the first day
of January and the first day of March of
the year next succeeding the calendar year
in which its certificate of incorporation
or its certificate of authority,
as the
case may be, was issued by the secretary
of state. Deposit in the United States
mails,
in a sealed envelope,
properly
addressed to the secretary of state,
with
postage prepaid thereon,
prior to the
first day of March,
shall be
deemed
compliance with this requirement.
If the secretary of state finds that a
report substantially conforms to the requirements of this chapter, he shall file
the same.
[1973 c 146 § 1; 1969 ex.s. c
120 § 89.]
24.06.450
FEE~
FO~
fiLIN§ QQ~QMENTS
ANQ ISSUING ~~RTJfiCAT~~.:.
The secretary
of state shall charge and collect for:
(1)
Filing articles of incorporation
and issuing a certificate of incorporation, twenty dollars.
(2)
Filing articles of amendment and
issuing a certificate of amendment, ten
dollars.
(3)
Filing articles of merger or consolidation and issuing a certificate of
merger or consolidation, ten dollars.
(4)
Filing a statement of change of
address of registered office or change of
registered agent, or both, one dollar.
(5)
Filing articles of
dissolution,
five dollars.
(6)
Filing an application of a foreign
corporation for a certificate of authority
to conduct affairs in this state and
issuing a certificate of authority, twenty
dollars.
(7)
Filing an application of a foreign
corporation for an amended certificate of
authority to conduct affairs in this state
and issuing an amended certificate of
authority, five dollars.
(8)
Filing a copy of an amendment to
the articles of incorporation of a foreign
corporation holding a certificate of authority to conduct affairs in this state,
ten dollars.
(9)
Filing a copy of articles of merger
of a foreign corporation holding a certificate of authority to conduct affairs in
this state, ten dollars.
(10)
Filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal,
five
dollars.
137 ]
24.06.450
CORPORATIONS AND ASSOCIATIONS
(NONPROFIT)
-----------------------------------gift instrument at the time the accumulation is added to the fund.
The determination of historic dollar value made in good
faith by the institution is conclusive;
(6)
"Gift instrument" means a will,
deed,
grant, conveyance, agreement, memorandum, writing, or other governing document
(including
the
terms
of
any
institutional solicitations from which an
institutional fund resulted) under which
property is transferred to or held by an
institution
as an institutional fund.
[1973 c 17 § 1.]
(11)
Filing a certificate by a
foreign
corporation of the appointment of a registered agent, one dollar.
(12)
Filing a certificate by a foreign
corporation of the revocation of
the
appointment of a registered agent, one
dollar.
(13)
Filing any other statement or report, including an annual report,
of a
domestic or foreign corporation, one dollar. [1973 c 70 § 2; 1969 ex.s. c
120 §
9 0. 1
24.06.455
~~f]11!li!QQ~
f~!£GES~
The
secretary of state shall
charge
and
collect:
(1)
Fifty cents per page and two dollars for the certificate and affixing the
seal thereto for furnishing a
certified
copy of any document, instrument, or paper
relating to a corporation.
(2)
Five dollars at the time of any
service of process on him as resident
agent of any corporation, which may be
recovered as taxable costs by the party to
the suit or action if such party prevails.
[ 1973 c 70 § 3; 1969 ex.s. c 120 § 91.]
24.44.020
APPROPRIATION OF APPRECIAThe governing~ard-may-appropriate
for expenditure for the uses and purposes
for which an endowment fund is established
so much of the net appreciation,
realized
and unrealized,
in the fair value of the
assets of an endowment fund over the
historic dollar value of the fund as is
prudent under the standard established by
RCW 24.44.050. This section does not limit
the authority of the governing board to
expend funds as permitted under other law,
the terms of the applicable gift instrument,
or the character of an institution.
[ 1973 c 17 § 2. ]
!IQ!~
Chapter 24.44
UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS
ACT
24.44.030
!MVESTME]!
AUTHOB!I!~
In
addition to an investment otherwise authorized by law or by the applicable gift
instrument, and without restriction to
investments a
fiduciary is authorized to
make, the governing board (subject to any
specific limitations set forth in the
applicable gift instrument or in applicable law other than law relating to investments a fiduciary is authorized to make)
may:
(1)
Invest and reinvest an institutional fund ia any real or personal property
deemed advisable by the governing board,
whether or not it produces a current
return, including mortgages, stocks and
bonds, debentures, and other securities of
profit or nonprofit corporations,
shares
in or obligations of associations, partnerships, or individuals, and obligations
of any government or subdivision or instrumentality thereof;
(2)
Retain property contributed by a
donor to an institutional fund for as long
as the governing board deems advisable;
(3)
Include all or any part of an
institutional fund in any pooled or common
fund maintained by the institution; and
(4)
Invest all or any part of an institutional fund in any other pooled or
common
fund available for investment,
including shares or interests in regulated
investment companies, mutual funds, common
trust funds, investment partnerships, real
estate investment trusts, or similar organizations in which funds are commingled
and investment determinations are made by
persons other than the governing board.
(1973 c 17 § 3.]
24.44.010
QEFINITIONS.
As used in
this chapter:
(1)
"Institution" means an incorporated
or unincorporated organization organized
and operated exclusively for educational,
religious, charitable, or other eleemosynary purposes or a governmental organization to the extent that it holds funds
exclusively for any of these purposes;
(2)
"Institutional fund" means a fund
held by an institution for its exclusive
use, benefit or purposes,
but does not
include (a) a fund held for an institution
by a trustee which is not an institution,
or (b) a fund in which a beneficiary which
is not an institution has an interest
other than possible rights which could
arise upon violation or failure of the
purposes of the fund;
(3)
"Endowment fund" means an institutional fund, or any part thereof, which is
not wholly expendable by the institution
on a current basis under the terms of the
applicable gift instrument;
(4)
"Governing board" means the body
tesponsible for the
management of
an
institution or of an institutional fund;
(5)
"Historic dollar value" means the
fair value in dollars of an endowment fund
at the time it first became an endowment
fund,
plus the fair value in dollars of
each subsequent donation to the fund at
the time it is made, plus the fair value
in dollars of each accumulation
made
pursuant to a direction in the applicable
[
138
]
25.04.070
GENERAL PARTNERSHIPS
---------------------------------·-----------------------------------------------------24.ij4.040
DE~EGATIO!
OF
!NVESTME!l
Except as otherwise provided
by the applicable gift instrument or by
applicable law relating to governmental
institutions or funds, the governing board
may:
(1)
Delegate to its committees, to officers or employees of the institution or
the fund, or to agents (including investment counsel)
the authority to act in
place of the board in investment and
reinvestment of institutional funds;
(2)
Contract with independent investment advisors, investment counsel or managers, banks, or trust companies, so to
act; and
(3)
Authorize the payment of compensation for investment advisory or management
services. (1973 c 17 § 4.]
~AN!QEMENI~
24.44.050
STANDARD OF CONDUCT.
In the
administration~he-powers-to--appropri­
ate
appreciation, to make and retain
investments, and to delegate investment
management of institutional funds, members
of a governing board shall exercise ordinary business care and prudence under the
facts and circumstances prevailing at the
time of the action or decision, and in so
doing they shall consider long and short
term needs of the institution in carrying
out its educational, religious, charitable, or other eleemosynary purposes, its
present and anticipated financial requirements, expected total return on its investments, price level trends, and general
economic conditions. (1973 c 17 § 5.)
24.44.070
Q!IrQB~!TY
Qf !ff11£AT!Q!
AND CONSTRUCTION.
This chapter shall be
appliedandconstrued to effectuate its
general purpose to make uniform the law
with respect to the subject of
this
chapter among those states which enact it.
(1973 c 17 § 8.]
24.44.080
SHQRT TITLE.
This chapter
may be cited as the 11 Unlform Management of
Institutional Funds Act".
[1973 c 17 §
9. ]
SECTION HEADINGS.
24.44.090
headings as usedinthis-chapter
constitute any part of the law.
17§10.]
24.44.900
§EVERABIL!li==121J f 11~ If
any provision of this act or the application thereof to any person or circumstance
is held invalid, the invalidity shall not
affect other provisions or applications of
the act which can be given effect without
the invalid provision or application, and
to this end the provisions of this act are
declared to be severable.
[1973 c 17 §
7. ]
TITLE 25
PARTNERSHIPS
Sections added, amended, or repealed:
Ch_g,pte!:
24.44.060
li~~
OF RE~Ili!CTIQNS ON
USE Qli INVESTMENT~
(1)
A restriction
on the use er investment of an institutional fund imposed by the applicable gift
instrument may be released, entirely or in
part, by the governing board with the
written consent of the donor.
(2)
If consent of the donor cannot be
obtained by reason of the death, disability or unavailability, or impossibility of
identification of the donor, upon application of the governing board, a restriction
on the use or investment of an institutional fund imposed by the applicable gift
instrument may be released, ent~rely or in
part, by order of the superior court after
reasonable notice to the attorney general
and an opportunity for him to be heard,
and upon a finding that the restriction on
the use or investment of the fund is
obsolete, inappropriate or impracticable.
A release under this subsection may not
change an endowment fund to a fund which
is not an endowment fund.
(3)
A release under this section may
not allow a fund to be used for purposes
other than the educational, religious,
charitable, or other eleemosynary purposes
of the institution affected.
(4)
The provisions of this section do
not limit the application of the doctrine
of cy pres.
(1973 c 17 § 6.)
1973 RCW SUPP.
[
Section
do not
[1973 c
25~M
25.04.070
25.04.250
Q~y f.s.r!!lershiE~
Rules for determining the existence of a partnership.
Nature of a partner's right in
specific partnership property.
Chapter 25.04
GENERAL PARTNERSHIPS
25.04.070
RULES FOR DETERMINING THE
EXISTENCE OF ! PARTNERSHIP.
In-determln:
ing whether-a partnership exists,
these
rules shall apply:
(1)
Except as provided by RCW 25.04.160
persons who are not partners as to each
other,
are not partners as to
third
persons.
(2)
Joint tenancy, tenancy in common,
tenancy by the entireties, joint property,
common property, or part ownership does
not of itself establish a partnership,
whether such co-owners do or do not share
any
profits made by the use of the
property.
(3)
The sharing of gross returns does
not of itself establish a partnership,
whether or not the persons sharing them
have a joint or common right or interest
in any property from which the returns are
derived.
139 ]
25.04. 070
PARTNERSHIPS
--------------------------------------------------------------------------------------(4) The receipt by a person of a share
of the profits of a business is prima
facie evidence that he is a partner in the
business, but no such inference shall be
drawn if such profits were received in
payments:
(a)
As a debt by
installments
or
otherwise,
(b)
As wages of an employee or rent to
a landlord,
(c)
As an annuity to a surviving spouse
or representative of a deceased partner,
(d)
As interest on a loan, though the
amount of payment vary with the profits of
the business,
(e)
As the consideration for the sale
of a good will of a business or other
property by installments or otherwise.
[1973 1st ex.s. c 154 § 24; 1955 c 15 §
25.04.070.
Prior:
1945 c 137 § 7; Rem.
supp. 1945 § 9975-46. )
~everability--1973 1~1 ~
note fOllowing RCW 2.12.030.
25.04.250
NATURE
£ 154:
Prior: 1945 c 137 § 25; Rem. Supp. 1945 §
9975-64.]
~gverabilit~==J273 1§1 ~~ £ 154:
note following RCW 2.12.030.
See
TITLE 26
DOMESTIC RELATIONS
sections added, amended, or repealed:
26.04.010
26.04.030
26.04.040
26.04.210
Who may contract--Certain marriages void, exception.
Prohibited marriages--Criminality, insanity, disease.
Solemnization prohibited, when.
Affidavits required for issuance of license.
See
9!apt~~
OF A PARTNER'S RIGHT
!!i SPEC.UIC f!!!!NERSHIP-.fROPERTY. - { 1)--A
partner is co-evner with his partners of
specific partnership property holding as a
tenant in partnership.
(2) The incidents of this tenancy are
such that:
(a)
A partner, subject to the provisions of this chapter and to any agreement
between the partners, has an equal right
with his partners to possess specific
partnership property for partnership purposes; but he has no right to possess such
property for any other purpose without the
consent of his partners.
(b) A partner's right in specific partnership property is not assignable except
in connection with the assignment
of
rights of all the partners in the same
property.
(c)
A partner's right in specific partnership property is not subject to attachment or execution, except on a claim
against the partnership. When partnership
property is attached for a partnership
debt, the partners, or any of them, or the
representatives of a deceased partner,
cannot claim any right under the homestead
or exemption laws.
(d) On the death of a partner, his
right in specific partnership property
vests in the surviving partner or partners, except where the deceased was the
last surviving partner, when his right in
such property vests in his legal representative. Such surviving partner or partners, or the legal representative of the
last surviving partner, has no right to
possess the partnership property for any
but a partnership purpose.
(e)
A partnet•s right in specific partnership property is not subject to dower,
curtesy, or allowances to a surviving
spouse, heirs, or next of kin. ( 1973 1st
ex.s. c 154 § 25; 1955 c 15 § 25.04.250.
l.§..08
aratg
QiY.Q!ce, Anm!bent
~!lQ ~~£=
MaJJlte~§..!.
26.08.010 through 26.08.230.
26.09.010
26.09.020
26.09.030
26.09.040
26.09.050
26.09.060
26.C9.070
26.09.080
26.09.090
26.09.100
26.09.110
26.09.120
[ 140 ]
Civil practice to govern--Designation of proceedings-Decrees.
Petition in proceeding for dissolution of marriage, legal
separation, or for a declaration concerning validity of
marriage--Contents--Parties.
Petition for dissolution of
marriage--Court proceedings,
findings--Transfer to family
court--Legal separation in lieu
of dissolution.
Petition to have marriage declared invalid or judicial determination of validity-Procedure--Findings--Grounds-Legitimacy of children.
Provisions for child support,
custody and visitation--Maintenance--Disposition of property
and liabilities.
Temporary maintenance or child
support--Temporary restraining
order.
Separation contracts.
Disposition of property and liabilities--Factors.
Maintenance orders for either
spouse--Factors.
Child support--Apportionment of
expense.
Minor or dependent child--Court
appointed attorney to represent--Payment of costs, fees
and disbursements.
Support or maintenance payments--To whom paid-Arrea rages.
26. 04.010
MARRIAGE
--------------------------------------------------------------------------------------26.09.130
26.09.140
26.09.150
26.09.160
26.09.170
26.09.180
26.09.190
26.09.200
26.09.210
26.09.220
26.09.230
26.09.240
26.09.250
26.09.260
26.09.270
26.09.280
26.09.290
£ha.E!~
Support or maintenance payments--Order to make assignment
of periodic earnings or trust
income--Duty of payor to withhold and transmit.
Payment of costs, attorney's
fees, etc.
Decree of dissolution of marriage, legal separation, or
declaration of invalidity--Finality--Appeal--Conversion of
decree of legal separation to
decree of dissolution--Name of
wife.
Failure to comply with decree
or temporary injunction--Obligation to make support or maintenance payments or permit
visitation not suspended-Motion.
Modification of decree for
maintenance or support, property disposition--Termination of
maintenance obligation and
child support--Grounds.
Child custody proceeding--Commencement--Notice-Intervention.
Child custody--Relevant factors
in awarding custody.
Child custody--Temporary custody order--Vacation of. order.
Child custody--Interview with
child by court--Advice of professional personnel.
Child custody--Investigation
and report.
Child custody--Priority status
of proceedings--Hearing--Record--Expenses of witnesses.
Child custody--Visitation
rights.
Child custody--Powers and duties of custodian--Supervision
by appropriate agency when
necessary.
Child custody decree-Modification.
Child custody--Temporary custody order or modificatiqn of
custody decree--Affidavits
required.
Child custody or support actions or proceedings--venue.
Final decree of divorce nunc
pro tunc.
26..J§ ]!USbM_g M_g !i!g=Righ.!§
gnd Liabilities--Property~
26.16.170
Contracts or liabilities of
wife.
26.20.030
Desertion or nonsupport-Penalty.
Alternative remedies to enforce
support--Procedure on failure
to comply with order.
Proof of wilfulness--Application of penalty provisions.
26.20.050
26.20.080
1973 RCW SUPP.
[ 141
£hgE!§~ 26~~~
26.24.090
26.24.190
26.28.020
26.28.060
26.28.110
26.32.030
26.32.040
26.32.050
26.32.080
26.32.085
26.32.300
26.32.310
Xilia!i~ ~~2£§~ging§~
Judgment ordering support-Bond.
custody of child.
Married persons--When deemed of
full age.
Child labor--Penalty.
Custody of illegitimate child-Primary rights of parents--Custody conditioned on child's
welfare.
Consent to adoption--When
required.
Consent, when not required.
Finding of court.
Notice--Form--Service.
Notice requirements to nonconsenting parent of illegitimate
child.
Illegitimate child--Petition to
set aside adoption--Liability
for costs of support.
Illegitimate child--Action to
set aside adoption conditioned
upon bond to satisfy support
costs.
ChsEte~ ~~11
~£QtectiQl! of Q~hs.!!L Ho.J!!~=
1&2.2L .Q£ !i~glec_!ed £hildt~h
26.37.010
26.37.015
26.37.020
Societies may receive, control
and dispose of children--When.
Surrender of illegitimate
child--Petition, court approval, required--Hearing--Notice
provisions.
Warrant to take charge of
child--Proceedings.
Chapter 26.04
MARRIAGE
26.04.010
WHQ MAY
CONTRACT--CERTAIN
MARRIAGE~ VOl!!.£ !XCEPTION.;. Marriage i s a
civil contract which may be entered into
by persons of the age of eighteen years,
who are otherwise capable:
PROVIDED, That
every
marriage entered into in which
either party shall not have attained the
age of seventeen years shall be void
except where this section has been waived
by a superior court judge of the county in
which one of the parties resides on a
showing of necessity. ( 1973 1st ex.s. c
154 § 26; 1970 ex.s. c 17 § 2; 1963 c 230
§ 1; Code 1881 § 2380; 1866 p 81 § 1; 1854
p 404 §§ 1, 5; RRS § 8437.]
Sevegbi!ity 12.73 1§l g.L_~ £ 154:
note following RCW 2.12.030.
]
See
26.04.030
DOMESTIC RELATIONS
---------------------------------------------------26.04.030
PROHIBITED MARRIAGES-CRIMI~!1111L IN~!NIT!L Ql~EA~E. --No-marriage
shall take place between two persons in
which one or both, is a common drunkard,
habitual criminal, imbecile, feeble-minded
person, idiot or insane person, or person
who has theretofore been afflicted with
hereditary insanity, or who is afflicted
with pulmonary tuberculosis in its advanced stages, or any contagious venereal
disease, shall hereafter intermarry or
marry any other person within this state
unless it is established that procreation
is not possible by the couple intending to
marry. [1973 1st ex.s. c 154 § 27; 1959 c
149 § 1; 1909 ex.s. c 16 § 1; 1909 c 174 §
1; RRS § 8439.]
~tler9!lility-1973
.1.2.!
~.to ~
note following RCW 2.12.030.
J2.lll
26.04.040
2Q1EMNIZATIQ!
PR~ITEDL
No clergyman or other
officer
authorized by law to solemnize marriages
within this state shall hereafter knowingly perform a marr1age ceremony uniting
persons in matrimony either of whom is an
imbecile,
feeble-minded person, common
drunkard, idiot, insane person, or person
who has theretofore been afflicted with
hereditary insanity, habitual criminal, or
person afflicted with pulmonary tuberculosis in its advanced stages, or any contagious
venereal disease, unless it is
established that procreation is not possible by the couple intending to marry.
[1973 1st ex.s. c 154 § 28; 1959 c 149 §
2; 1909 ex.s. c 16 § 2: 1909 c 174 § 2;
RRS § 8440.]
~ ~
~gbility
1.2.73 ,lst tl&..s.
note following RCW 2.12.030.
See
W~E~.t.
Severability-197] 1§1 ~.to
note following BCW 2.12.030.
male has attained the age of seventeen
years.
such affidavit may be subscribed
and sworn to before any person authorized
to administer oaths.
Anyone knowingly
swearing falsely to any of the statements
contained in the affidavits mentioned in
this section shall be deemed guilty of
perjury and punished as provided by the
laws of the state of Washington.
(1973
1st ex.s. c 154 § 29; 1970 ex.s. c 17 § 5;
1963 c 230 § 4; 1959 c 149 § 3; 1909 ex.s.
c 16 § 3;
1909 c 174 § 3; Code 1881 §§
2391, 2392; 1867 p 104 § 1; 1866 p 83 §§
13, 14; RRS § 8451.]
See
AITIDlliTS REQUIRED FOR IS=
The county auditor,
before a marriage license is issued, upon
the payment of a license fee as fixed in
RCW 36.18.010 shall require each applicant
therefor to make and file in his office
upon blanks to be provided by the county
for that purpose, an affidavit showing
that such applicant is not feeble-minded,
an imbecile, insane, a common drunkard, or
afflicted with pulmonary tuberculosis in
its advanced stages:
PROVIDED, That in
addition, the affidavits of both applicants they are for such marriage license
shall show that they are not afflicted
with any contagious venereal disease. He
shall also require an affidavit of some
disinterested credible person showing that
neither of said persons is an habitual
criminal, and that the applicants are the
age of eighteen years or over:
PROVIDED,
FURTHER, That if the consent in writing is
obtained of the father, mother,
or legal
guardian
of the person for whom the
license is required, the license may be
granted in cases where the female has
attained the age of seventeen years or the
~
1lli
See
Chapter 26.08
DIVORCE, ANNULMENT AND SEPARATE
MAINTENANCE
26.08.010
TI11~
Q1 ~HAPTER.t. [1949 c
215 § 1; Rem. Supp. 1949 § 997-2
(footnote).]
Repealed by 1973 1st ex.s. c 157
§ 30.
26.08.020
GROU!~~
FOR gl!ORCE.t. [1965
ex.s. c 15 § 1; 1949 c 215 § 2; Rem. Supp.
1949 § 997-2.
Prior:
1921 c 109 § 1,
part; 1917 c 106 § 1; 1891 c 26 § 1; 1886
p 120 § 1; Code 1881 § 2000; 1860 p 318 §
1; 1854 p 504 § 1; RRS § 982.]
Repealed
by 1973 1st ex.s. c 157 § 30.
26.08.030
RE~IQ~NCE
g!QUIRED.
[1970
ex.s. c 28 § 1; 1949 c 215 § 3; Rem. Supp.
1949 § 997-3. Prior: Code 1881 § 2002;
1866 p 89 § 1; 1860 p 319 § 3; 1854 p 4M
§ 3; RRS § 984.]
Repealed by 1973 1st
ex.s. c 157 § 30.
26.04.210
~Q!]f~
Q1
~ICENSE~
26.08.040
LIMITATION UPON DATE OF TRIOR ENTRY OF DECREE. -[Tg4g-c-215 §~;
Rem.-Supp:-,g4~ §--997=4.]
Repealed by
1973 1st ex. s. c 157 § 30.
!b
26.08.050
ANNULMENT OF VOID MARRIAGE.
[1949 c 215 §-s;-~m:-supp:-1949_§_997:5:
Prior:
1891 c 26 § 2; code 1881 § 2001;
1860 p 319 § 2; 1854 p 406 § 2; RRS §
983.] Repealed by 1973 1st ex.s. c 157 §
30.
26.08.060
LEGITIMACY OF ~I1QR~~ Qf
ANNULLED MARRIAGE-.-(i949c 215 § 6; Rem.
SUpp:-1949_§_997-6:] Repealed by 1973 1st
ex • s • c 15 7 § 30 •
26.08.070
EFFECT OF VIOLATION OF CRIMINAL LAWS UPON DIVORC~ACTION~ -(1949-c
21s-§ 7;-aem:-supp-;-1949-§ 997-7: Prior:
1921 c 109 § 1, part; RRS § 982-1.]
Repealed by 1973 1st ex.s. c 157 § 30.
[ 142 ]
DIVORCE, ANNULMENT AND SEPARATE MAINTENANCE
26.08.230
--------------------------------------------------------------------------------------26.08.080
~UTY Ql
PROSECUTING ATTORMEY~
[1972 ex.s. c 21-§17-1949 c-215-§
8; Rem. Supp. 1949 § 997-8. Prior:
1921
c 109 § 3; 1891 c 26 § 8; 1885 p 62 § 10;
Code 1881 § 2010; 1879 p 94 § 10;
1860 p
320 § 10;
1854 p 407 § 10; RRS § 995.]
Repealed by 1973 1st ex.s. c 157 § 30.
26.08.090
gRE1l~I!!]!
ORDERS--SUPPORT
11.Q!!EY=-.-£Q.Qll. COST~ [ 1971 c-81-§ 7071949
c 215 § 9; Rem. Supp. 1949 § 997-9.
Prior: 1947 c 161 § 1, part; 1933 c 112 §
1, part; 1921 c 109 § 2, part; 1891 c 26 §
4, part; Code 1881 § 2006, part; 1860 p
319 § 7, part; 1854 p 406 § 7, part;
Rem.
Supp. 1947 § 988, part.] Repealed by 1973
1st ex.s. c 157 § 30.
26.08.100
g]QOF
S]QUIB]Q~
[1949 c 215
§ 10; Rem. Supp. 1949
§ 997-10.
Prior:
Code 1881 § 2003; 1860 p 319 § 4; 1854 p
406 § 4; RRS § 985.] Repealed by 1973 1st
ex.s. c 157 § 30.
26.08.150
CROS~=CO~RLAJ]!==~~~]~~
~!1
BE GRANTED ]ITH!B QS ~QI§ g!STI]2~ [1949
c-21S§157" Rem. Supp.
1949 § 997-15.
Prior:
(i) Code 1881 § 2004; 1860 p 319 §
5; 1854 p 406 § 5; RRS § 986. (ii) 1891 c
26 § 3; Code 1881 § 2005; 1854 p 406 § 6;
RRS § 987.] Repealed by 1973 1st ex.s.
c
157 § 30.
26.08.160
VENUE
OF ACTION FOR MODIFI-
CAIIQ!~ [1949-c-215 §-16;-Rem.-supp:-1949
§ 997-16.
Prior: 1921 c 109 § 4, part;
RRS § 995-2.] Repealed by 1973 1st ex.s.
c 157 § 30.
26.08.170
PETITION FOR MODifl~ATION==
!QII£]~ [1949-c~15~ 17; Rem. Supp. 1949
§ 997-17.
Prior:
1921 c 109 § 4, part;
RRS § 995-3. 1 Repealed by 1973 1st ex.s.
c 157 § 30.
26.08.180
PO!]S Qf £Q.!!SI IQ QBTAI!
OF QRIQIN!1 S~DS~ [1949 c 215 §
18; Rem. Supp. 1949 § 997-18. Prior:
(i)
1921 c 109 § 4, part; RRS § 995-4.
(ii)
1921 c 109 § 4, part;
RRS § 995-5.]
Repealed by 1973 1st ex.s. c 157 § 30.
~QgiES
26.08.110
DECREE OF QIVORC] QS ANNUL=
lllf1=-FINALITX=-R]2TR!INI!Q ORDER~ (1949
c 215 § 11; Rem. Supp.
1949 § 997-11.
Prior:
(i)
1947 c 161 § 1, part; 1933 c
112 § 1, part; 1921 c 109 § 2, part;
1891
c 26 § 4, part; Code 1881 § 2006, part;
1860 p 319 § 7, part;
1854 p 406 § 7,
part; Rem.
Supp. 1947 § 988, part. (ii)
Code 1881 § 2011; 1860 p 320 § 12; RRS §
996.
(iii)
1891 c 26 § 6; Code 1881 §
2008; 1860 p 320 § 9, part; 1854 p 407 §
9, part; RRS § 990. (iv) 1891 c 26 § 5;
Code 1881 § 2007; 1860 p 319 § 8;
1854 p
406 § 8; RRS § 989. (v) 1933 c 112 § 2;
RRS § 988-2. (vi)
1921 c 109 § 2; RRS §
988-1.]
Repealed by 1973 1st ex.s. c 157
§ 30.
26.08.120
DECRE] OF ~!S!I] MAl]l]=
M~~
(1949 c 215 § 12; Rem. Supp. 1949
§ 997-12.] Repealed by 1973 1st ex.s. c
157 § 30.
26.08.190
ATTORNEY'S FEES AND COSTS.
(1949 c 215 § 19;-Rei7-supp:-;949--§-~
19.
Prior:
1943 c 170 § 1; Rem. Supp.
1943 § 997-1.] Repealed by 1973 1st ex.s.
c 157 § 30.
26.08.200
OUI=Qf=2I!I] ~IYQB£]==!!1IQ=
II.h [ 1949 c 215 § 20; Rem. Supp. 1949 §
997-20.] Repealed by 1973 1st ex.s. c 157
§ 30.
26.08.210
ESQQI OF QOMI~I1IABX STATUS.
[1949 c 215 § 21; Rem. Supp. 1949 §-~97:
21.]
Repealed by 1973 1st ex.s. c 157 §
30.
26.08.130
WIFE~~
BAM] 11AX ]] CHA]Q]Q~
(1949 c 215 § 13; Rem. supp. 1949 § 99713.
Prior:
1891 c 26 § 7; Code 1881 §
2009; 1860 p 320 § 9, part; 1854 p 407 §
9, part; RRS § 994.] Repealed by 1973 1st
ex.s. c 157 § 30.
26.08.140
~IVI1
PRAC!ICE IQ QQVER!~
[ 1949 c 215 § 14; Rem. Supp. 1949 § 99714.
Prior:
1891 c 26 § 9; Code 1881 §
2012; 1860 p 320 § 13; RRS § 997.]
Repealed by 1973 1st ex.s. c 157 § 30.
1973 RCW SUPP.
[
26.08.220
CONSTRUCTION. [1949 c 215 §
22; Rem. Supp:--,94g--§--997-22.
Prior:
1921 c 109 § 3; RRS § 995-1.] Repealed by
1973 1st ex.s. c 157 § 30.
26.08.230
FINAL DECREE Qf QI!QB£~ !.!!!£
PRQ I.QNC~ [1949-c-1~§ 1; Rem.
Supp.
1949 § 988-4. ] Repealed by 1973 1st ex. s.
c 157 § 30.
143 1
Ch. 26.09
DOMESTIC RELATIONS
---------------------------------------------2nd ex.s. c 23 § 1; 1973 1st ex.s. c 157 §
Chapter 26.09
DISSOLUTION OF MARRIAGE--LEGAL
SEPARATION--DECLARATIONS CONCERNING
VALIDITY OF MARRIAGE
26.09.010
CIVIL f]!CTICE
QI
QESI~llli..Qli
IQ
2. ]
GOV~RN
PROCEEDll~gEC~
(1)
Except as otherwise specifically provided
herein, the practice in civil action shall
govern all proceedings under this chapter,
except that trial by jury is dispensed
with.
{2)
A proceeding for dissolution of
marriage, legal separation or a declaration concerning the validity of a marriage
shall be entitled "In re the marriage of
and
"
--c~D-cases-wb;re~re
has
been
no
prior proceeding in this state involving
the marital status of the parties or
custody or support obligations, a separate
custody or support proceeding shall be
entitled "In re the (custody) (support} of
II
--c~The initial pleading in all proceedings for dissolution of marriage under
this chapter shall be denominated a petition.
A responsive pleading shall be
denominated a response. Other pleadings,
and all pleadings in other matters under
this
chapter shall be denominated as
provided in the civil rules for superior
court.
(5)
In this chapter, "decree" includes
"judgment".
(6)
A decree of dissolution, of legal
separation, or a declaration concerning
the validity of a marriage shall not be
awarded to one of the parties, but shall
provide that it affects the status previously existing between the parties in the
manner decreed. [1973 1st ex.s. c 157 §
1. ]
26.09.020
R!IITlQli IN RSOC~~ FO]
QIS.§QLUTJON Q! MA!Hl.Q&~~ ~EGAL SElli!TION~
Q] FOR .b .!U;~LARATIQl! SQl!CERNlJlli ffiiDIT.!
Q! 1U1Hl.ll&~::-~ONTEN'r~=::RARTI~h
( 1)
A
petition in a proceeding for dissolution
of marriage, legal separation, or for a
declaration concerning the validity of a
marriage, shall allege the following:
(a)
The last known residence of each
party;
(b)
The date and place of the marriage;
(c)
If the parties are separated the
date on which the separation occurred;
(d)
The names, ages, and addresses of
any child dependent upon either or both
spouses and whether the wife is pregnant;
(e)
Any arrangements as to the custody,
visitation and support of ~he children and
the maintenance of a spouse;
(f)
A statement
specifying
whether
there is community or separate property
owned by the parties to be disposed of;
(g)
The relief sought.
(2)
Either or both parties to the marriage may initiate the proceeding. (1973
[
26.09.030
PE!l!ION rQli giSSOLQIIQM Qr
MAS]JAGE--CO!!!l!
PROCEEDING~
.f!MDING~=
TI!ANSFER TO fAMI1! ~:Q!!!IT=J&GA1 g_ff&ATIQ!f
IN ~liD! Q! QISSOLUT.!Qlh. When a party who
is a resident of this state or who is a
member of the armed forces and is stationed in this state, petitions for a
dissolution of marriage, and alleges that
the marriage is irretrievably broken and
when ninety days have elapsed since the
petition vas filed and from the date when
service of summons was made upon the
respondent or the first publication of
summons vas made, the court shall proceed
as follows:
(1)
If the other party joins in the
petition or does not deny that the marriage is irretrievably broken, the court
shall enter a decree of dissolution.
(2)
If the other party alleges that the
petitioner was induced to file the petition by fraud,
or coercion, the court
shall make a finding as to that allegation
and, if it so finds shall dismiss the
petition.
(3)
If the other party denies that the
marriage is irretrievably broken the court
shall consider all relevant factors, including the circumstances that gave rise
to the filing of the petition and the
prospects for reconciliation and shall:
(a)
Make a finding that the marriage is
irretrievably broken and enter a decree of
dissolution of the marriage; or
(b)
At the request of either party or
on its own motion, transfer the cause to
the family court, refer them to another
counseling service of their choice, and
request a report back from the counseling
service within sixty days, or continue the
matter for not more than sixty days for
hearing.
If the cause is returned from
the family court or at the adjourned
hearing, the court shall:
(i)
Find that the parties have agreed
to reconciliation and dismiss the petition; or
{ii)
Find that the parties have not
been reconciled,
and that either party
continues to allege that the marriage is
irretrievably broken. When such facts are
found,
the court shall enter a decree of
dissolution of the marriage.
(4)
If
the petitioner requests the
court to decree legal separation in lieu
of dissolution, the court shall enter the
decree in that form unless the other party
objects and petitions for a decree of
dissolution or declaration of invalidity.
(1973 1st ex.s. c 157 § 3.]
26.09.040
PETITION TO HAVE MARRIAGE
DECLA!ill INVA~ID Qli JUQICIAL Qill!U1INATION
QI
VALIDITY--PROCEDURE--FI!QlNGS-GROUNDS--LEGITIMACY
Ql ~ff!1QB~~
(1)
While both parties to an alleged marriage
are living, and at least one party is
144 ]
26.09.060
DISSOLUTION OF MARRIAGE
--------------------------------------------------------------------------------------resident in this state or a member of the
armed service and stationed in the state,
a petition to have the marriage declared
invalid may be brought by:
(a)
Either or both parties,
for any
cause specified in subsection (4) of this
section; or
(b)
Either or both parties, the legal
spouse, or a child of either party when it
is alleged that the marriage is bigamous.
(2)
If the validity of a marriage is
denied or questioned at any time, either
or both parties to the marriage
may
petition the court for a judicial determination of the validity of such marriage.
The petitioner in such action shall be the
person or entity denying or questioning
the validity of the marriage.
(3)
In a
proceeding to declare the
invalidity of a marriage, the court shall
proceed in the manner and shall have the
jurisdiction, including the authority to
provide for maintenance, custody,
visitation, support, and division of the property of the parties,
provided by
this
chapter.
(4)
After hearing the evidence concerning the validity of a marriage, the court:
(a)
If it finds the marriage to be
valid, shall enter a decree of validity;
(b)
I f it finds that:
(i)
The marriage should not have been
contracted because of age of one or both
of the parties, lack of required parental
or court approval,
a pr1or undissolved
marriage of one or both of the parties,
reasons of consanguinity, or because a
party lacked capacity to consent to the
marriage, either because of mental incapacity or because of the influence of
alcohol or other incapacitating substances,
or because a party was induced to
enter into the marriage by force
or
duress,
or
by
fraud
involving the
essentials of marriage,
and that
the
parties have not ratified their marriage
by voluntarily cohabiting after attaining
the age of consent, or after attaining
capacity to consent, or after cessation of
the force or duress or discovery of the
fraud, shall declare the marriage invalid
as
of
the
date it was purportedly
contracted;
(ii)
The marriage should not have been
contracted because of any reason other
than those above, shall upon motion of a
party, order any action which may be
appropriate to complete or to correct the
record and enter a decree declaring such
marriage to be valid for all purposes from
the date upon which i t was purportedly
contracted;
(c)
If it finds that a marriage contracted in a jurisdiction other than this
state, was void or voidable under the law
of
the place where the marriage was
contracted, and in the absence of proof
that such marriage was subsequently validated by the laws of the place of contract
or of a subsequent domicile of the parties, shall declare the marriage invalid
as of the date of the marriage.
1973 RCW SUPP.
[
(5)
Any child of the parties born or
conceived during the existence of a marriage of record is legitimate and remains
legitimate notwithstanding the entry of a
declaration of invalidity of the marriage.
[ 1973 1st ex.s. c 157 § 4.]
26.09.050
gRQY~IOli~
KQR fHibQ SUPPOB!L
CU~IQQ!
!liQ YISIIATION==~!INI~=
NANCE--DISPOSITION
OF
fROPERT!
!liQ
LIABibiTIES.
entering a decree of
dissolution of marriage, legal separation,
or declaration of invalidity, the court
shall consider, approve, or make provision
for child custody and visitation,
the
support of any child of the
marriage
entitled to support,
the maintenance of
either spouse, and the disposition of
property and liabilities of the parties.
[1973 1st ex.s. c 157 § 5.]
--rn-
26.09.060
TEMPOR!B!
~AINTEE!Ef~
Q~
CHibQ
suggQRT==TEMPORAR!
B~~!B!INIEQ
ORD~
(1)
In a proceeding for:
(a)
Dissolution of marriage, legal separation,
or a declaration of invalidity;
or
(b)
Disposition of property or liabilities, maintenance,
or support following
dissolution of the marriage by a court
which lacked personal
jurisdiction over
the absent spouse; either party may move
for temporary maintenance or for temporary
support of children entitled to support.
The motion shall be accompanied by an
affidavit setting forth the factual basis
for the motion and the amounts requested.
(2)
As a part of a motion for temporary
maintenance or support or by independent
motion accompanied by affidavit, either
party may request the court to issue a
temporary restraining order or preliminary
injunction, providing relief proper in the
circumstances,
and restraining or enjoining any person from:
(a)
Transferring,
removing, encumbering, concealing, or in any way disposing
of any property except in the usual course
of business or for the necessities of
life, and,
if so restrained or enjoined,
requiring him to notify the moving party
of any proposed extraordinary expenditures
made after the order is issued;
(b)
Molesting or disturbing the peace
of the other party or of any child;
(c)
Entering the family
home or the
home of the other party upon a showing of
the necessity therefor;
(d)
Removing a child from the jurisdiction of the court.
(3)
The court may issue a temporary
restraining order without requiring notice
to the other party only if it finds on the
basis of the
moving affidavit or other
evidence that irreparable injury could
result if an order is not issued until the
time for responding has elapsed.
(4)
The court may issue a temporary
injunction and an order for temporary
maintenance or support in such amounts and
145 ]
26.09.060
DOMESTIC RELATIONS
-------------------------------on such terms as are just and proper in
the circumstances.
(5)
A temporary order or
temporary
injunct ion:
(a) Does not prejudice the rights of a
party
or any child which are to be
adjudicated at subsequent hearings in the
proceeding;
(b)
May be revoked or modified;
(c) Terminates when the final decree is
entered or when the petition for dissolution, legal separation, or declaration of
invalidity is dismissed. [1973 1st ex.s.
c 157 § 6. J
26.09.070
SEPAR!IJQ.!i ~!IT!i!£1.§.:.
(1)
The parties tc a marriage, in order to
promote the amicable settlement of disputes attendant upon their separation or
upon the filing of a petition for dissolution of their marriage, a decree of legal
separation, or declaration of invalidity
of their marriage, may enter into
a
written separation contract providing for
the maintenance of either of them, the
disposition of any property owned by both
or either of them, the custody, support,
and visitation of their children and for
the release of each other from all obligation
except
that
expressed
in the
contract.
(2)
If the parties to such contract
elect to live separate and apart without
any court decree, they may record such
contract and cause notice thereof to be
published in a legal newspaper of the
county wherein the parties resided prior
to their separation. · Recording such contract and publishing notice of the making
thereof shall constitute notice to all
persons of such separation and of the
facts contained in the recorded document.
(3)
If either or both of the parties to
a separation contract shall at the time of
the execution thereof, or at a subsequent
time, petition the court for dissolution
of their marriage, for a decree of legal
separation, or for a declaration of invalidity of their marriage, the contract,
except for those terms providing for the
custody, support, and visitation of children, shall be binding upon the court
unless it finds, after considering the
economic circumstances of the parties and
any other relevant evidence produced by
the parties on their own motion or on
request of the court, that the separation
contract was unfair at the time of its
execution.
(4)
If the court in an action for
dissolution of marriage, legal separation,
or declaration of invalidity finds that
the separation contract was unfair at the
time of its execution, it may make orders
for the maintenance of either party, the
disposition of their property and the
discharge of their obligations.
(5)
Unless the separation contract provides to the contrary, the agreement shall
be set forth in the decree of dissolution,
legal separation, or declaration of invalidity, or filed in the action or made an
exhibit and incorporated by reference,
except that in all cases the terms for
custody, support, and visitation shall be
set out in the decree, and the parties
shall be ordered to comply with its terms.
(6)
Terms of the contract set forth or
incorporated by reference in the decree
may be enforced by all remedies available
for the enforcement of a judgment, including
contempt, and are enforceable as
contract terms.
(7)
When the separation contract so
provides, the decree may expressly preclude or limit modification of any provision for maintenance set forth in the
decree.
Terms of a separation contract
pertaining to custody, support, and visitation of children and, in the absence of
express provision to the contrary, terms
providing for maintenance set forth or
incorporated by reference in the decree
are automatically modified by modification
of the decree.
(8)
If at any time the parties to the
separation contract by mutual agreement
elect to terminate the separation contract
they may do so without formality unless
the contract was recorded as in subsection
(2) of this section,
in which case a
statement should be filed terminating the
contract. [1973 1st ex.s. c 157 § 7. J
26.09.080
DISPOSITION
Qf
fliQR~!i!!
!JiQ
LIABI~ITIES-=fACIQRS~In a proceeding for
dissolution of the marriage, legal separation, declaration of invalidity, or in a
proceeding for disposition of property
following dissolution of the marriage by a
court which lacked personal jurisdiction
over the absent spouse or lacked jur~sdic­
tion to dispose of the property, the court
shall, without regard to marital misconduct, make such disposition of the property and the liabilities of the parties,
either community or separate, as shall
appear just and equitable after considering all relevant factors including, but
not limited to:
(1)
The nature and extent of the community property;
(2)
The nature and extent of the separate property;
(3)
The duration of the marriage; and
(4)
The economic circumstances of each
spouse at the time the division of property is to become effective, including the
desirability of awarding the family home
or the right to live therein for reasonable periods to a spouse having custody of
any children. [ 1973 1st ex.s. c 157 § 8.]
26.09.090
MAINTENANCE ~~!i~ FOR EITHER SPOUSE--FACToRS:--(1) In a
ing for-diSsolution of marriage, legal
separation, declaration of invalidity, or
in a proceeding for maintenance following
dissolution of the marriage by a court
which lacked personal jurisdiction over
[ 146 ]
proceed:
26.09.140
DISSOLUTION OF MARRIAGE
--------------------the absent spouse, the court may grant a
maintenance order for either spouse. The
maintenance order shall be in such amounts
and for such periods of time as the court
deems just, without regard to marital
misconduct, after considering all relevant
factors including but not limited to:
(a)
The
financial resources of the
party seeking maintenance, including separate or community property apportioned to
him, and his ability to meet his needs
independently, including the extent to
which a provision for support of a child
living with the party includes a sum for
that party as custodian;
(b)
The time necessary to acquire sufficient education or training to enable
the party seeking maintenance to find
employment appropriate to his skill, interests, style of life, and other attendant circumstances;
(c) The standard of living established
during the marriage;
(d)
The duration of the marriage;
(e)
The age, physical and emotional
condition, and financial obligations of
the spouse seeking maintenance; and
(f)
The ability of the spouse from whom
maintenance is sought to meet his needs
and financial obligations while meeting
those of the spouse seeking maintenance.
( 1973 1st ex.s. c 157 § 9.]
(b)
The department of social and health
services pursuant to chapters 74.20 and
74.20A RCW; or
(c)
The clerk of court as trustee for
remittance to the person entitled
to
receive the payments.
(2)
If payments are made to the clerk
of court:
(a)
The clerk shall maintain records
listing the amount of payments, the date
when payments are required to be made, and
the names and addresses of the parties
affected by the order; and
(b)
The parties affected by the order
shall inform the clerk of the court of any
change of address or of other conditions
that may affect the administration of the
order; and
(c)
The clerk of the court shall, if
the party fails to make required payment,
send by first class mail notice of the
arrearage to the obligor. If payment of
the sum due is not made to the clerk of
the court within ten days after sending
notice, the clerk of the court shall
certify the amount due to the prosecuting
attorney. [1973 1st ex.s. c 157 § 12.]
26.09.130
SUPPORI
QB
~!.I]TEN!li£~
MENTS-ORQ~g IQ ~,AKE AS~IG~M!.I OF
IC EABNING~ Qg I!!QST !NCOM~::-DQll
PAI=
f~RIOQ=
Q£: PAIQB
TO WITHHOLD AND TRANSMIT.
CHILQ ~Q~~Q!I_~!~~QRTIQNM~]1
In a proceeding for dissolution of marriage, legal separation, declaration
of invalidity, maintenance, or
child support, after considering all relevant factors but without regard to marital
misconduct, the court may order either or
both parents owing a duty of support to
any child of the marriage dependent upon
either or both spouses to pay an amount
reasonable or necessary for his support.
[ 1973 1st ex.s. c 157 § 10.]
Ql
26.09.100
EXP~]~
26.09.110
~J]OR QB
~EP~Q~]1
fli~
£.QQRT ,b_FPOINTEQ ,bTTQBNE! 1Q REnEsENT~
lliMENT .Ql: £~~ !~~~ ,b]Q Q.I~l!Q~IDIT.§~
The court may appoint an attorney to
represent the interests of a m~nor or
dependent child with respect to his custody, support, and visitation.
The court
shall enter an order for costs, fees, and
disbursements in favor of the child's
attorney. The order shall be made against
either or beth parents, except that, if
both parties are indigent, the costs,
fees, and disbursements shall be borne by
the county. [1973 1st ex.s. c 157 § 11.]
26.09.120
SU~PORT
QB
~AI!IEN!]CE
PAY( 1) -The
court may, upon its own motion or upon
motion of either party, order support or
maintenance payments to be made to:
(a)
The person entitled to receive the
payments; or
l1ll!L-=1Q .H!!Q~ ~.A.IQ==,lillg!RAGE~.!.
1973 RCW SUPP.
The court may
ord~r-~~p~rson-obligated to pay support
or maintenance to make an assignment of a
part of his periodic earnings or trust
income to the person or agency entitled to
receive the payments:
PROVIDED, That the
provisions of RCW 7.33.280 in regard to
exemptions
in
garnishment proceedings
shall apply to such assignments.
The
assignment is binding on the employer,
trustee or other payor of the funds two
weeks after service upon him of notice
that it has been made.
The payor shall
withhold from the earnings or trust income
payable to the person obligated to support
the amount specified in the assignment and
shall transmit the payments to the person
specified in the order.
The payor may
deduct from each payment a sum not exceeding one dollar as reimbursement for costs.
An employer shall not discharge or otherwise discipline an employee as a result of
a wage or salary assignment authorized by
this section.
[1973 1st ex.s. c 157 §
13. ]
PAYMENI OF £g§TSL !IIQB~I~~
The court from time to time
after considering the financial resources
of both parties may order a party to pay a
reasonable amount for the cost to the
other party of maintaining or defending
any proceeding under this chapter and for
reasonable attorney's fees or other professional fees in connection therewith,
including sums for legal services rendered
and costs incurred prior to the commencement of the proceeding or enforcement or
26.09.140
FE~~~ ET~
[ 147 ]
26.09.140
DOMESTIC RELATIONS
--------------------------------------------------------------------------------------modification proceedings after entry of
judgment.
Upon any appeal,
the appellate court
may, in its discretion, order a party to
pay for the cost to the other party of
maintaining the appeal and attorney's fees
in addition to statutory costs.
The court may order that the attorney's
fees be paid directly to the attorney who
may enforce the order in his name. [1973
1st ex.s. c 157 § 14.]
26.09.150
DECB]~
OF DISSOLUTIQN Qf
~A!iRI,l!GEL LEQ!1 2EP,l!~!!IONL Q~ DE£LA,RATIQN
INVA11Ql!!--FINALITY=-APP~AL==£QNV~~=
2ION Ql 12ID~~ OF LEGAb 2~R!RATIQ] I.Q
Qf
DECREE
decree
OF
DISSOLUTION--NAME
OF WIFE.
A
ot-dissolution-o~-marriage;--Iegal
separation, or declaration of invalidity
is final when entered, subject to the
right of appeal.
An appeal which does not
challenge the finding that the marriage is
irretrievably broken or was invalid, does
not delay the finality of the dissolution
or declaration of invalidity and either
party may remarry pending such an appeal.
No earlier than six months after entry
of a decree of legal separation, on motion
of either party, the court shall convert
the decree of legal separation to a decree
of dissolution of marriage. The clerk of
court shall complete the certificate as
provided for in RCW 70.58.200 on the form
provided by the department of social and
health services.
on or before the tenth
day of each month, the clerk of the court
shall forward to the state registrar of
vital statistics the certificate of each
decree of divorce, dissolution of marriage, annulment, or separate maintenance
granted during the preceding month.
Upon request by a wife whose marriage is
dissolved or declared invalid, the court
shall order a former name restored and
may, on motion of either party, for just
and reasonable cause, order the wife to
assume a name other than that of the
husband. ( 1973 1st ex. s. c 157 § 15.]
may be modified only as to installments
accruing subsequent to the motion for
modification and only upon a showing of a
substantial change of circumstances. The
provisions as to property disposition may
not be revoked or modified, unless the
court finds the existence of conditions
that justify the reopening of a judgment
under the laws of this state.
Unless otherwise agreed in writing or
expressly provided in the decree
the
obligation to pay future maintenance is
terminated upon the death of either party
or the remarriage of the party receiving
maintenance.
Unless otherwise agreed in writing or
expressly provided in the decree,
provisions for the support of a child are
terminated by emancipation of the child or
by the death of the parent obligated to
support the child.
(1973 1st ex.s. c 157
§ 17. ]
26.09.180
CHJ1Q
CUS_IQDY
,R,RQ£EEQINQ==
£Q.tl!1ENCEMENT=l!QTICE==1Nll.RYENTIQ!!~
{1.
A child custody proceeding is commenced in
the superior court:
(a)
By a parent:
(i)
By filing a petition for dissolution of marriage, legal separation or
declaration of invalidity; or
(ii)
By filing a petition seeking custody of the child in the county where the
child is permanently resident or where he
is found; or
(b)
By a person other than a parent, by
filing a petition seeking custody of the
child in the county where the child is
permanently resident or where he is found,
but only if the child is not in the
physical custody of one of its parents or
if the petitioner alleges that neither
parent is a suitable custodian.
(2)
Notice of a child custody proceeding shall be given to the child's parent,
guardian and custodian, who may appear and
be heard and may file a responsive pleading. The court may,
upon a showing of
good cause,
permit the intervention of
other interested parties. (1973 1st ex.s.
c 157 § 18.]
26.09.160
FAILURE TO ~OMRb! WITH DE=
OR ll11PORARY l.lE!.UNfn.QN_ OlliQlllQ]
IQ MKE 2UPPQFT Q.E MAIN~.!'!!!!£~ PAIDNTS Q~
~1111: jiSITATION
NO! 2]~~NQED--MO!IQ]~
If a party fails to comply with a provision of a decree or temporary order of
injunction, the obligation of the other
party to make payments for support or
maintenance or to permit visitation is not
suspended, but he may move the court to
grant an appropriate order.
(1973 1st
ax.s. c 157 § 16.]
CRE~
26.09.190
£H11.Q fQaiODJ==]EL~I!!I lAC=
I.QRS 11! !!!.R.Ql!Q £US!QQ!~ The court shall
determine custody in accordance with the
best interests of the child. The court
shall consider
all
relevant
factors
including:
(1)
The wishes of the child's parent or
parents as to his custody and as to
visitation privileges;
(2)
The wishes of the child as to his
custodian and as to visitation privileges;
(3)
The interaction and interrelationship of the child with his parent or
parents,
his siblings, and any other
person who may significantly affect the
child's best interests;
(4)
The child's adjustment to his home,
school, and community; and
26.09.170
MODIFICATION OF DECREE FOR
MAINTM!.!Q OR SUPPORI: ,RROP~~!I DISPOSI::
Tj:ON TE_!U!INA!IQN Qf ,Ml].n;N!]fE_ OBLIGA=
.IlQl! A!!.Q CH!b.!l ~R.Q!I=Q.RQ!!NQ.§.:.
Except
as otherwise provided in subsection (7) of
RCW 26.09.070, the provisions of
any
decree respecting maintenance or support
[
148
J
DISSOLUTION OF KARRIAGE
26.09.240
--------------------------------------------------------------------------------~-----
(5)
The mental and physical health of
all individuals involved.
The court shall not consider conduct of a
proposed guardian that does not affect the
welfare of the child.
( 1973 1st ex.s. c
1 57 § 19. ]
26.09.200
CHILD
£USTQQI==TEMfQB!B1
CUSTODY ORDER--VACATION Qf QBQ~B~ A party
to-a-custody-proceeding may move for a
temporary custody order. The motion must
be supported by an affidavit as provided
in RCW 26.09.270.
The court may award
temporary custody after a hearing, or, if
there is no objection, solely on the basis
of the affidavits.
If a proceeding for dissolution of marriage, legal separation, or declaration of
invalidity is dismissed, any temporary
custody order is vacated unless a parent
or the child's custodian moves that the
proceeding continue as a custody proceeding and the court finds, after a hearing,
that the circumstances of the parents and
the best interests of the child require
that a custody decree be issued.
If a custody proceeding commenced in the
absence of a petition for dissolution of
marriage, legal separation, or declaration
of invalidity,
(subsection (1)
of RCW
26.09. 180)
is dismissed, any temporary
order is vacated. [1973 1st ex.s. c 157 §
20. ]
26.09.210
CHILD
CUSTODY--INTERVIEW
-----------------~
l!,IT!! CHILI? ~I ----£0UBI=ADVI£~ OF PRQU22!0N=
AL PERSON]~ The court may interview the
child in chambers to ascertain the child's
wishes as to his custodian and as to
visitation
privileges.
The court may
permit counsel to be present at
the
interview. The court shall cause a record
of the interview to be made and to be made
part of the record in the case.
The court may seek the advice of professional personnel whether or not they are
employed on a regular basis by the court.
The advice given shall be in writing and
shall be made available by the court to
counsel upon request.
Counsel may call
for cross-examination any
professional
personnel consulted by the court. [1973
1st ex. s. c 15 7 § 21 • ]
26.09.220
CHILD £Q2TODY-=1!!~STIGATIO]
A.ND REPORT.
(1)
In contested custody
proceedings, and in other custody proceedings if a parent or the child's custodian
so
requests, the court may order an
investigation and report concerning custodian arrangements for the child.
The
investigation and report may be made by
the staff of the juvenile court or other
professional social service organization
experienced in counseling children and
families.
(2)
In preparing his report concerning
a child, the investigator may consult any
person who may have information about the
1973 RCW SUPP.
child and his potential custodian arrangements.
Upon order of the court, the
investigator may refer the child to professional personnel for diagnosis. The
investigator may consult with and obtain
information from medical, psychiatric, or
other expert persons who have served the
child in the past without obtaining the
consent of the parent or the child's
custodian; but the child's consent must be
obtained if he has reached the age of
twelve, unless the court finds that he
lacks mental capacity to consent.
If the
requirements of subsection
(3)
of this
section are fulfilled, the investigator's
report may be received in evidence at the
hearing.
(3)
The court shall mail the investigator's report to counsel and to any party
not represented by counsel at least ten
days prior to the heating unless a shorter
time is ordered by the court for good
cause shown. The investigator shall make
available to counsel and to any party not
represented by counsel the investigator's
file
of underlying data and reports,
complete texts of diagnostic reports made
to the investigator pursuant to the provisions of subsection (2) of this section,
and the names and addresses of all persons
whom the investigator has consulted. Any
party to the proceeding may call the
investigator and any person whom he has
consulted for cross-examination.
A party
may not waive his right of cross-examination prior to the hearing.
[ 1973 1st
ex.s. c 157 § 22.)
26.09.230
CHibQ
£Q2TODY-=£ElORITI
ST.!!Q2 OF f1iOCEEQINGS-HEARING-=:RE£0RQ=
Custody proceedEXPEN2ES Ql WITNES2ES.
ings shall receive priority in being set
for hearing.
Either party may petition the court to
authorize the payment of necessary travel
and other expenses incurred by any witness
whose presence at the hearing the court
deems necessary to determine the best
interests of the child.
The court without a jury shall determine
questions of law and fact. If it finds
that a public hearing may be detrimental
to the child's best interests, the court
may exclude the public from a custody
hearing,
but may admit any person who has
a direct and legitimate interest in the
work of the court.
If the court finds it necessary to protect the child's welfare that the record
of any interview, report, investigation,
or testimony in a custody proceeding be
kept secret, the court may make an appropriate order sealing the record. (1973
1st ex.s. c 157 § 23.)
26.09.240
CHILQ
£USTODY==YI2ITAT!Q!
A parent not granted custody of
the child is entitled to reasonable visitation rights unless the court finds,
after a hearing, that visitation would
Bl~!~~
[ 149 ]
26.09.240
DOMESTIC RELATIONS
-------------------------------------------------assess the attorney's fees and court costs
of the custodian against the petitioner.
[1973 1st ex.s. c 157 § 26.]
endanger the child's physical, mental, or
emotional health.
The court may order
visitation rights for any person when
visitation may serve the best interest of
the child.
The court may modify an order granting
or denying visitation rights
whenever
modification would serve the best interests of the child but the court shall not
restrict
a parent's visitation rights
unless it finds that the visitation would
endanger the child's physical, mental, or
emotional health.
(1973 1st ex.s. c 157 §
24. )
26.09.270
CHILD
CUSTODY--TEaPORARY
CUSTODY ORDER OR~ODIFICATIO~-oF--CUSTODY
DECRE~- AFilQAVITS
,R.E;QUIRED. -- A-party
seeking a temporary custody order
or
modification of a custody decree shall
submit together with his motion, an affidavit setting forth facts supporting the
requested order or modification and shall
give notice,
together with a copy of his
affidavit, to other parties to the proceedings, who may file opposing affidavits. The court shall deny the motion
unless it finds that adequate cause for
hearing the motion is established by the
affidavits,
in which case it shall set a
date for hearing on an order to show cause
why the requested order or modification
should not be granted.
[1973 1st ex.s. c
15 7 § 27' ]
26.09.250
CHILD CUSTODY--POWERS
AND
DUTIES OF CUSTODIAN-SUPERVISIONBYAPPRo=
gRrAT] !GENcx waiN NEc"EssiRY. -Except
otherwise agreed by the parties in writing
at the time of the custody decree,
the
custodian may determine the child's upbringing, including his education, health
care,
and religious training, unless the
court after hearing, finds, upon motion by
the
noncustodial parent, that in the
absence of a specific limitation of the
custodian's authority, the child's physical, mental, or emotional health would be
endangered.
If both parents or all contestants agree
to the order, or if the court finds that
in the absence of the order the child's
physical,
mental, or emotional health
would be endangered, the court may order
an
appropriate agency which regularly
deals with children to exercise continuing
superv1s1on over the case to assure that
the custodial or visitation terms of the
decree are carried out.
such order may be
modified by the court at any time upon
petition by either party. [1973 1st ex.s.
c 157 § 25.)
-a:s
26.09.280
~Hl1Q £Q~QQ! QE 2QgfQSI !~=
TIQ!2 Q~ RRQ£.£;ED1]~!]!Q~
Hereafter
every action or proceeding to change,
modify, or enforce any final order, judgment, or decree heretofore or hereafter
entered in any dissolution or legal separation or declaration concerning the validity of a
marriage in relation to the
care, custody, control, support, or maintenance of the
minor children of the
marriage may be brought in the county
where said minor children are then residing, or in the county where the parent or
other person who has the care, custody, or
control of the said children is then
residing. (1973 1st ex.s. c 157 § 28.)
lJNAL ~CR!.£; Qf DI!Q~CE ]UNf
Whenever either of the parties
in a divorce action is, under the law,
entitled to a final
judgment,
but by
mistake, negligence, or inadvertence the
same has not been signed, filed,
or
entered,
if no appeal has been taken from
the interlocutory order or motion for a
new trial made, the court, on the motion
of either party thereto or upon its own
motion,
may cause a final judgment to be
signed, dated, filed, and entered therein
granting the divorce as of the date when
the same could have been given or made by
the court if applied for. The court may
cause such final judgment to be signed,
dated, filed, and entered nunc pro tunc as
aforesaid, even though a final
judgment
may have been previously entered where by
mistake, negligence or inadvertence the
same
has not been signed, filed, or
entered as soon as such final judgment,
the parties to such action shall be deemed
to have been restored to the status of
single persons as of the date affixed to
such judgment, and any marriage of either
of such parties subsequent to six months
after the granting of the interlocutory
2640~.290
.Q!lLD ~QillQ! Q.£;~~EE-MODI­
fl&!!IQli~
(1}
The court shall not modify
a prior custody decree unless it finds,
upon the basis of facts that have arisen
since the prior decree or that
were
unKnown to the court at the time of the
prior decree, that a change has occurred
in the circumstances of the child or his
custodian and that the modification is
necessary to serve the best interests of
the child.
In applying these standards
the
court shall retain the custodian
established by the prior decree unless:
(a)
The
custodian
agrees
to
the
modification;
(b)
The child has been integrated into
the family of the petitioner with the
consent of the custodian; or
(c)
The child's present environment is
detrimental to his physical, mental, or
emotional health and the harm likely to be
caused by a change of environment is
outweighed by the advantage of a change to
the child.
(2}
If the court finds that a motion to
modify a prior custody order has been
brought in bad faith,
the court shall
PRQ TU~~
26.09.260
[
150
J
26.20.050
FAMILY DESERTION
--------------------------------------------------------------------------------------order as shown by the minutes of the
court, and after the final judgment could
have been entered under the law if applied
for, shall be valid for all purposes as of
the date affixed to such final
judgment,
upon the filing thereof. (1973 1st ex.s.
c 157 § 29. ]
Chapter 26.16
HUSBAND AND WIFE--RIGHTS AND
LIABILITIES--PROPERTY
26.16.170
£0NTRACTS QR Lia~LITIE2 Qf
[Code 1881 § 2406; RRS § 6902.]
Repealed by 1973 1st ex.s. c 154 § 121.
.Ulh
Chapter 26.20
FAMILY DESERTION
26.20.030
DESERTION
OR NONSUPPORT-(1) -Every person~who:---------(a)
Has a child dependent upon him or
her for care, education or support and
deserts such child in any manner whatever
with intent to abandon it; or
(b)
Wilfully omits, without lawful excuse, to furnish necessary food, clothing,
shelter, or medical attendance for his or
her child or stepchild or children or
stepchildren or ward or wards:
PROVIDED,
That with regard to stepchildren
the
obligation shall cease upon termination of
the relationship of husband and wife; or
(c)
Has sufficient ability to provide
for support of such person's spouse or is
able to earn the means for such person's
spouse support and wilfully abandons and
leaves such person's spouse in a destitute
condition; or who refuses or neglects to
provide such person's spouse with necessary food, clothing, shelter, or medical
attendance,
unless the abandonment is
justified by misconduct of the abandoned
spouse, shall be guilty of the crime of
family desertion or nonsupport.
(2)
When children are involved under
the age of sixteen years, such act shall
be a felony and punished by imprisonment
in the state penitentiary for not more
than twenty years or by imprisonment in
the county jail for not more than one year
or by fine of not more than one thousand
dollars or by both fine and imprisonment.
(3)
When there is no child under sixteen years, such act shall be a gross
misdemeanor
and shall be punished by
imprisonment in the county jail for not
more than one year or by fine of not more
than one thousand dollars, or by both fine
and imprisonment. [1973 1st ex.s. c 154 §
34; 1969 ex.s. c 207 § 2; 1955 c 249 § 1;
1953 c 255 § 1; 1943 c 158 § 1; 1913 c 28
§ 1; Rem. Supp. 1943 § 6908.
Prior:
1907
c 103 § 1, part.]
~ENALTY.
Severability--1973 1st ex.s. £
note-following Rcw 2.12:030.-1973 RCW SUPP.
154~
See
[ 151
AL~ERNATl!E
§.UP:fOR!=PROC.@!!R~
BEMEDIES !Q ~N­
Qt! f:AI~!!RE TO
COMPLY WITU QRDE~ In any case enumerated
in RCW 26.20.030 as now or hereafter
amended, the court may render one of the
following orders:
(1)
Should a fine be imposed it may be
directed by the court to be paid in whole
or in part to the appropriate spouse, or
to the guardian, or to the custodian of
the child or children, or to an individual
appointed by the court as trustee.
(2)
The court in its discretion having
regard to the circumstances and to the
financial ability or earning capacity of
the
defendant,
shall have the power,
either before pr after trial, conviction,
or sentence, to make an order, with the
consent of the defendant, which shall be
subject to change by it from time to time
as circumstances may require, directing
the defendant to pay a certain sum weekly
during such time as the court may direct,
to the spouse or to the guardian, or
custodian of the minor child or children,
or to an individual appointed by the
court, and to release the defendant from
custody or probation during such time as
the court may direct,
upon his or her
entering into a recognizance,
with or
without sureties, in such sum as the court
may direct. The condition of the recognizance to be such that if the defendant
shall make his or her appearance in court
whenever ordered to do so, and shall
further comply with the terms of the order
and of any subsequent modification thereof, then the recognizance shall be void,
otherwise to remain in full force and
effect.
If the court be satisfied that at any
time the defendant has violated the terms
of such order, it may forthwith proceed
with the trial of the defendant under the
original indictment, information or complaint, or sentence, or under the original
conviction, or enforce the original sentence as the case may be, in addition to
declaring a forfeiture of the defendant's
recognizance.
In case of forfeiture of a
recognizance and enforcement thereof by
execution, the sum recovered may, in the
discretion of the court, be paid in whole
or in part to the spouse or to the
guardian or custodian of the minor child
or children upon such terms or conditions
as may to the court be just and proper.
(3)
Where conviction is had and sentence to imprisonment in the county
jail
is imposed, the court may direct that the
person so convicted shall be compelled to
work upon the public roads or highways or
any other public work, in the county where
such conviction is had, during the time of
such sentence.
And it shall be the duty
of the legislative authority of the county
where such conviction and sentence is had,
and
where such work is performed by
persons under sentence to the county jail,
to allow and order the payment, out of the
current fund, to the spouse, or to the
guardian, or the custodian of the child or
26.20.050
FO~~
]
26.20.050
DOMESTIC RELATIONS
--------------------------------------------------------------------------------------children, or to an individual appointed by
the court as trustee, at the end of each
calendar month, for the support of such
spouse, child, or children, ward or wards,
a sum not to exceed one and fifty onehundredths dollars for each day's work of
such person.
(4)
Whenever, during the pendency of
such proceedings, it shall appear to the
court that any moneys are due the defendant from any person, firm, or corporation,
or
that any person, firm, or
corporation has funds or property of the
defendant in his or its possession, the
court may, upon application of the prosecuting attorney, enter an order requiring
such person, firm, or corporation, to
appear and answer, under oath, as to such
moneys or property and if it appear at
such hearing that such moneys or property
should be applied to the support of said
defendant's family, the court may enter
judgment against the said person, firm, or
corporation for the amount he or it was
indebted to said defendant at the time ~
service of said order. If it appears that
said person, firm, or corporation is not
indebted to the defendant but at the time
of service of said order upon it or at the
time of judgment he or it has or had
personal effects of the defendant in his
or its possession, the court may make an
order requiring said person, firm, or
corporation to deliver up to the sheriff
or director of public safety on demand
such personal property or effects or so
much as may be required for the support of
the defendant•~ said family or dependents
and said property and effects shall thereupon be sold by the sheriff or director of
public safety as other chattels on execution and the proceeds of said sale applied
to the support of the said dependents of
said defendant.
The provisions of this
subdivision shall be ancillary to and may
be invoked in addition to the remedies
provided in subdivisions (1), (2) and
(3)
of this section. [1973 1st ex.s. c 154 §
35; 1927 c 297 § 1; 1913 c 28 § 2; RRS §
6909.
Prior:
1907 c 103 § 1, part.
Formerly RCW 26.20.050 and
26.20.060,
part. ]
Severabiliii==197J 1§! ~~ Q 154:
note following RCW 2.12.030.
See
26.20.080
R]QQI Q! !lb!Q1!ES5--APP1IQ! PENALTY PRQ~ION2~
Proof of
the abandonment or nonsupport of a spouse,
or the desertion of a child or children,
ward or wards, or the omission to furnish
necessary food, clothing, shelter,
or
medical attendance for a child or children,
ward or wards,
is prima
facie
evidence that such abandonment or nonsupport, or omission to furnish food, clothing, shelter, or medical attendance is
wilful. The provisions of RCW 26.20.030
as now or hereafter amended are applicable
whether the parents of such child or
children
are married or divorced and
~!IIQ]
regardless of any decree made in said
divorce action relative to alimony or to
the support of the spouse or child or
children.
( 1973 1st ex.s. c 154 § 36;
1913 c 28 § 3; RRS § 6910.
Formerly RCW
26.20.080 and 26.20.090.]
2everability __ 121J 1st ~~ Q
note following RCW 2.12.030.
154~
See
Chapter 26.24
FILIATION PROCEEDINGS
26.24.090
~~NT
ORDERING 2QPPQBI==
BOND. In the event the issue be found
against the accused, or whenever he shall,
in open court, have confessed the truth of
the accusation against him, he shall be
charged by the order and judgment of the
court to pay a sum to be therein specified, during each year of the life of such
child, until such child shall have reached
the age of eighteen years, for the care,
education and support of such child, and
shall also be charged thereby to pay the
expenses of the mother incurred during her
sickness and confinement, together with
all costs of the suit, for which costs
execution shall issue as in other cases.
And the accused shall be required by said
court to give bond, with sufficient surety, to be approved by the judge of said
court, for the payment of such sums of
money as shall be so ordered by said
court.
Said bond shall be made payable to
the people of the state of Washington, and
conditioned for the true and faithful
payment of such yearly sums, in equal
quarterly installments, to the clerk of
said court, which said bond stall be filed
and preserved by the clerk of said court.
[1973 c 29 § 1; 1919 c 203 § 9; RRS §
1978. J
26.24.190
CUSTODY OF £fi!1Q~
In any
filiation proceeding-where the accused is
found to be the father of the child, the
court shall include in its judgment an
award of custody of the child to that
parent who is the more fit from the
standpoint of furthering the child's welfare: PROVIDED, That if the court finds
both parents unfit to have custody of the
child, then the court shall provide for
the care and custody of said child by any
reputable person,
appropriate
private
agency licensed pursuant to chapter 74.15
RCW, or appropriate public agency.
Such
order and judgment may further provide, in
the discretion of the court, that the
surname of the child shall henceforth be
that parent•s surname which the court
finds would be in the best interest of the
child.
(1973 c 134 § 1; 1919 c 203 § 19;
RRS § 1979-9.)
severability 1973 Q llli "If any provision of *this 1973 amendatory act, or
[ 152 ]
26.32.040
ADOPTION
--------------------------------------------------------its application ta any person or circumstance ~s held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances is
not affected." [1973 c 134 § 13.]
more fit shall have the superior right
custody. [ 1973 c 134 § 9. J
ill§.£abillU==1~1l
£
following RCW 26.24.190.
*Reviser's note:
"this 1973 amendatory
ac~[1973:C
see note following RCW
26.32.030.
134]:
Chapter 26. 28
INFANTS
MARBlED f!B§.ON§.==litlEN QEEM~Q
All minor persons married to
a person of full age shall be deemed and
taken to be of full age. [1973 1st ex.s.
c 154 § 38; Code 1881 § 2364; 1863 p 434 §
2 ; 1 8 54 p 4 0 7 § 2 ; RR S § 1 0 54 9 • ]
26.28.020
Qf fUL1 Ag~~
§.gy~ a b iliiY::_l~lJ l§.i §.h§..:.. £ 15 4 ~
note following RCW 2.12.030.
See
26.28.060
CHI1Q 1A~QB==£~H!bi~ Every
person who shall employ, and every parent,
guardian or other person having the care,
custody or control of such child, who
shall permit to be employed, by another,
any child under the age of fourteen years
at any labor whatever, in or in connection
with any store, shop, factory, mine or any
inside employment not connected with farm
or house work, without the written permit
thereto of a judge of a superior court of
the county wherein such child may live,
shall be guilty of a misdemeanor. [1973
1st ex.s. c 154 § 39; 1909 c 249 § 195;
RRS § 244 7. ]
§gy~!!illlY
1971 J.§i ~§..:. £
note following RCW 2.12.030.
.12.!!~
See
26.28.110
CUS!QDY
Ql
Ib1EGI!IM!!~
~HIY!=PRl11!BI RIQ,tlTS Ql
PAB~NT§--CU~I
~QliDITIQ!i~Q
Q!i £llbQ~§ ,HELflB~..:. The parents of an illegitimate child shall have
primary rights to the custody of such
child. Between the parents of an illegitimate child,
that parent who is the more
fit from the standpoint of furthering the
child's welfare shall have the superior
right to custody. In any dispute between
the natural parents of an illegitimate
child and person or persons who have
(1)
commenced adoption proceedings or who have
been granted an order of adoption, and (2)
pursuant to court order or placement by
the department of social and health services or licensed agency have had actual
custody of the child for a period of one
year
or more before court action is
commenced by the natural parent or parents, the court shall consider the best
welfare and interests of the child, including the child's need for situation
stability, in determining the matter of
custody, and the parent or person who is
1973 RCW SUPP.
[
134:
See
to
note
Chapter 26.32
ADOPTION
26.32.030
CONSENI IQ
ADOPTION=-Wtl~!i
REQUIRED..:.
Written consent to such adoption must be filed prior to a hearing on
the petition, as follows:
(1) By the person to be adopted, if such
person is fourteen years of age or older,
but the filing of such ccnsent shall not
obviate the necessity of securing any
other consent herein required;
(2) If the person to be adopted is of
legitimate birth or legitimized thereafter, and a minor, then by each of his
living parents,
except as
hereinafter
provided;
(3) If the person to be adopted is
illegitimate and a minor,
then by his
mother and father, if living, except as
provided in *this 1973 amendatory act;
(4) If a legal guardian has been appointed for the person of the child, then
by such guardian;
(5) If the person to be adopted is a
minor and has been permanently committed
upon due notice to his parents by any
court of general jurisdiction to an approved
agency,
then by such approved
agency, in which event neither notice to
nor consent by its parents in the adoption
proceeding shall be necessary: PROVIDED,
That if the approved agency refuses to
consent to the adoption, the court, in its
discretion, may order that such consent be
dispensed with. ( 1973 c 134 § 2;
1955 c
1947 c 251 § 1; 1943 c
291 § 3. Prior:
268 § 3; Rem. Supp. 1947 § 1699-4.]
.!~~~ QQ1~
"this 1973 amendatory
act" [1973 c 134] consists of RCW 26.28.110, 26.32.085, 26.32.300,
26.32.31C,
26.37.015 and the 1973 c 134 amendments to
RCW 26.24.190, 26.32.030, 26.32.040, 26.32.050, 26.32.080, and 26.37.010.
§~bility
1,273
£
following RCi 26.24.190.
134:
See
note
26.32.040
QQNSE!i1L WH~H HQI g~QQIR~~
No consent for the adoption of a minor
shall be required as follows:
(1) From a parent deprived of civil
rights when in a hearing for that purpose,
as provided in RCW 26.32.050, the court
finds that the circumstances surrounding
the loss of said parent's civil rights
were of such a nature that the welfare of
the child would be best served by a
permanent deprivation of parental rights;
(2) From a parent who has been deprived
of the custody of the child by a court of
153 ]
26.32.040
DOMESTIC RELATIONS
--------------------------------------------------------------------------------------competent jurisdiction, after notice: PROVIDED, That a decree in an action for
divorce, separate maintenance, or annulment,
which grants to a parent any right
of custody, control, or visitation of a
minor child,
or requires of such parent
the payment of support money for such
child, shall not constitute such deprivation of custody;
(3) From a paren~ who, more than one
year prior to filing of a petition hereunder, has been adjudged to be mentally ill
or otherwise mentally incompetent, and who
has not thereafter been restored to competency by the court making such adjudication, and the court at a hearing called
for such purpose, as provided in RCW
26.32.050, finds that the best interests
of the child will be served by a permanent
deprivation of custody;
(4) From a parent who has been found by
a court of competent jurisdiction, upon
notice as herein provided to such parent,
to have deserted or abandoned such child
under circumstances showing a wilful substantial
lack of regard for parental
obligations;
(5) From a parent of an illegitimate
child who prior to entry of the interlocu•
tory decree of adoption has not contested
the proposed adop~ion after having been
provided with notice of a hearing on an
adoption petition pursuant to the notice
provisions of RCW 26.32.085;
(6) From a parent who has surrendered
the
child pursuant to RCW 26.37.010.
[ 1973 c 134 § 3; 1955 c 291 § 4.
Prior:
1943 c 268 § 4; Rem. Supp. 1943 § 1699-5.]
~gy.§£abili1.r=:-1971
g
134.i
See
note
following RCW 26.24.190.
26.32.CSO
FIND£]& OF ~QQBI~
If the
court in an adoption proceeding, after a
hearing
for that purpose upon notice
thereof as hereinafter provided having
been given to a parent, finds any of the
conditions set forth in RCW 26.32.040 to
be a fact as to the parent, the court may
decree that consent of such parent shall
not be required prior to adoption. [1973
c 134 § 4; 1955 c 291 § 5. Prior: 1943 c
268 § 5; Rem. supp. 1943 § 1699-6.]
Severability--1973
g
following RCW 26.24.190.
134:
~
See
note
26.32. 080
NOTICE-::l:ORla=.§l!B.Y!fb.
( 1)
The court shall direct notice of any
hearing under RCW 26.32.050 to be given to
any nonconsenting parent or guardian, if
any, and to any person or association
having the actual care, custody, or control of the child: PROVIDED, That where a
parent has been deprived of the custody of
such child and such child has been set
over for adoption by an order of a court
of competent jurisdiction, after due notice in a proceeding regularly had for
such purpose, no notice need be given to
[
the parent so deprived and the record of
such
deprivation proceedings shall be
deemed
prima
facie
proof
of
such
deprivation;
(2) Such notice shall be given in the
following manner: The court shall direct
the clerk to issue a notice of such
hearing directed to the persons entitled
to notice, notifying such persons of the
filing of the petition, stating briefly
the object of the petition and the purpose
of the hearing, and notifying such persons
of the date,
time and place of
the
hearing.
A copy of the notice shall be
served in the manner provided by law for
the
service of the summons upon the
persons entitled thereto at least ten days
prior to the hearing;
(3) In the event it shall appear by the
affidavit of the petitioners that the
persons entitled to notice, or either of
them, are nonresidents of the state or
that they cannot, after diligent search,
be found within the state, and that a copy
of said notice has been deposited in the
post office, postage prepaid, directed to
such person or persons at their last known
place of residence, unless it is stated in
the affidavit that such residence
is
unknown to petitioners, then the court
shall order said notice published in a
legal newspaper printed in the county,
qualified to publish summons, once a week
for three consecutive weeks, the first
publication of said notice to be at least
twenty-five days prior to the date fixed
for the hearing.
Proof of service of
notice shall be filed in the cause as
required by law for making proof of the
service
of
summons
or
summons
by
publication;
(4) Personal service of the notice out
of the state, made twenty-five days or
more prior to the date fixed for the
hearing, shall be deemed equivalent to
service by publication;
(5) If the court is satisfied of the
illegitimacy of the child to be adopted,
and so finds, then notice to any nonconsenting parent of such child shall be made
as required under the provisions of RCW
26.32.085.
{6) Except as provided in subsection (5)
of this section, a notice in substantially
the following
form
will
be
deemed
sufficient:
IN THE SUPERIOR COURT OF THE STATE OF
WASHINGTON FOR THE COUNTY OF ---------In the Matter of the}
Adoption of JANE DOE}
No.
NOTICE
To John Doe (nonconsenting parent) and to
all whom it may concern:
You are hereby notified that there has
been filed in this court a petition for
the adoption of the above named, praying
also that there be first an adjudication
that the consent of John Doe to such
adoption is not required by law.
154 ]
26.32.300
ADOPTION
--------------------------------------------------------------------------------------A hearing for such purpose will be had
on the _____ day of ----------' 19 __ , at
the hour of 9:30a.m., at the courtroom of
said superior court, at ---------------'
or to such other department of the court
to which said matter may be then and there
transferred, when and where all persons
interested shall appear and show cause why
such adjudication should not be made, and
why, if made, such petition should not be
thereafter heard forthwith and the prayer
thereof granted.
WITNESS, The Honorable ---------------'
Judge of said superior court, and the seal
of said court hereunto affixed this
day of ----------' 19 __
(SEAL)
-------------------Clerk
-------------------Deputy Clerk
[1973c 134 §5;1955c291§8. Prior:
1947 c 251 § 2; 1943 c 268 § 8; Rem. Supp.
1947 § 1699-9.]
§everabilitv--1971
£
following RCW 26.24.190.
11~~
See
note
!QII~~
REQ2Ili~~~NI2 IQ NON=
f!liENT Ql I11~GITIM!I~ ~tl11Q~
The following requirements regarding notice of hearing on a petition for adoption
shall apply to the parent of an illegitimate child who has not consented to the
adoption of such child:
(1) Where the court has
reason to believe or suspect that any person not
before the court is or might be the parent
of such child, the court shall direct the
clerk to issue the notice prescribed in
subsection
(3)
of this section to such
person. The notice required under this
subsection shall be served in the manner
provided by law for the service of summons
upon the person entitled thereto at least
ten days prior to the hearing.
In the
event that a person entitled to notice
under this subsection is a nonresident of
the state or cannot after diligent search
be found within the state, then:
(a) If the last known place of residence
of such person is known, a copy of notice
shall be deposited in the post office,
postage prepaid, directed to such person
at his last known place of residence.
(b) If the last known place of residence
of such person is not known, then notice
shall be made by publication in the manner
required under subsection (2)
of this
section and as prescribed under subsection
(3) of this section.
(2) Notice by publication shall be made
in every case, except where service of the
notice has been made on a person who
either:
(a) acknowledges that he is a parent and
the court finds him to be a parent, or
(b) has been found to be the father
pursuant to chapter 26.24 RCW.
In addition, the court may require notice by publication whenever the court
26.32.085
~Q!SENTING
1973 RCW SUPP.
believes such notice might be necessary to
protect the validity of adoption proceedings and any decree of adoption.
Whenever
notice by publication is required, the
court shall direct the clerk to publish
the notice in a legal newspaper printed in
the county, qualified to publish summons,
once a week for three consecutive weeks,
the first publication of said notice to be
at least twenty-five days prior to the
date fixed for the hearing.
The notice
shall be in the form prescribed under
subsection (3) of this section.
(3) The notice required under subsections (1) and (2) of this section shall be
in substantially the following form:
IN THE SUPERIOR COURT OF THE STATE OF
WASHINGTON FOR THE COUNTY OF ---------In the Matter of the
Adoption of Jane Doe
No.
Notice-
To all whom it may concern:
You are hereby notified that there has
been filed in this court a petition for
the adoption of the above named, praying
also that there be first an adjudication
that the consent of the---------- [father
or mother) of such child is not required
by law.
You are also notified that the consent
of the ---------- [mother or father) of
the above named, such---------- [mother's
or father's] name being ---------------'
has already been given or is not required
by law.
A hearing for such purpose will be had
on the _____ day of
,
19 , at
the hour of 9:30 a.m~~rhe-courtroom of
said superior court, at ---------------'
or to such other department of the court
to which said matter may be then and there
transferred,
when and where all persons
interested shall appear and show cause why
such adjudication should not be made, and
why, if made, such petition should not be
thereafter heard forthwith and the prayer
thereof granted.
WITNESS, The Honorable ---------------'
Judge of said Superior court, and the seal
of said court hereunto affixed this
day of ----------' 19 __
clerk ______ _
(SEAL)
----oeputy
cierk___ _
[1973 c 134 § 6.]
severability J273 £
following RCW 26.24.190.
~
See
note
26.32.300
ILLEGITIMATE CHILD--PETITION
TO SET ASIDE ADOPTION-=LIABILITY FOR COSTS
oF
suPPoRT. -where---a-natura! parent <or
parents) of an illegitimate child successfully petitions to have the adoption of
the child set aside, the parent shall be
liable to the adoptive parents (or parent)
[ 155 ]
26.32.300
DO~ESTIC
RELATIONS
--------------------------------------------------------------------------------------for their direct and indirect costs in
supporting such child.
The term "direct and indirect costs" as
used in this section shall include both
actual expenditures and the value
of
services rendered by the adoptive parents
in caring for the child.
(1973 c 134 §
10. ]
See
26.32.310
I.Q §£!.!
All DE
note
ILLEGI!I~AT~
fHI~fiiQ]
~.QRIJ 0 N f.QID21I!Q!M
.QRQ]
I!ON.Q .IQ SATISFY _grffOR! f.Q§!.§.:. In each
action brought by a natural parent
(or
parents)
of an illegitimate child to set
aside the adoption of the ch~ld,
no
hearing or trial on the merits of the
action shall be conducted until such time
as the natural parent (or parents) posts a
bond equal to one hundred dollars for each
period of thirty days which the adoptive
parents (or parent)
had custody of the
child. Such bond shal~ be used to satisfy
the adoptive parents'
right under RCW
26.32.300 to compensation for support in
the event the adoption is set aside.
[ 1973 c 134 § 11.]
§gy~rabilii1::-197J
£
following RCW 26.24.190.
illi
See
note
Chapter 26.37
PROTECTION OF ORPHAN, HOMELESS, OR NEGLECTED CHILDREN
26.37.010
SOCIETIES~!! B!CE1VE,
CON=
TROL AND DISPOSE OF CHILDREN--WHEN.
Any
benevolent or-charitable-society- incorporated under the laws of this state for the
purpose of receiving, caring for or placing out for adoption,
or improving the
condition of orphan, homeless,
neglected
or abused minor children of this state
shall have authority to receive, control,
and dispose of children under eighteen
years
of
age
under
the
following
provisions:
(1) When the father and
mother or the
person or persons legally entitled to act
as guardian of the person of any minor
child shall, in writing, surrender such
child to the charge and custody of said
society, such child shall thereafter be in
legal custody of such society for the
purposes herein provided.
(2) In case of death or legal incapacity
of a father or his abandonment or neglect
to provide for his family,
the mother
shall have authority to make such surrender, and in case of the death or legal
incapacity of a mother, or her abandonment
of such child, then the father shall have
authority to make such surrender.
(3) In all cases where the person or
persons legally authorized to make such
surrender are not known, any
judge of
superior court may cause a notice of
[
hearing to be published in any newspaper
of general circulation printed and published in the county, and if he deems it
best for such orphan, homeless, neglected
or abused child, he may surrender it to
any benevolent or charitable society incorporated under the laws of Washington
and having for its object the care of such
children.
(4) In cases where the child to be
surrendered is illegitimate and is surrendered in writing by either parent, but not
both parents, then the court shall hold a
hearing on the surrender in the manner
provided under RCW 26.37.015, and if the
parent who has not agreed to the surrender
in writing does not contest the surrender
at such hearing, then such parent shall be
deemed to have surrendered the child and
the court shall authorize the surrender.
This subsection shall not apply to or bar
surrenders authorized under subsection (2)
of this section.
(5) When any child shall have been surrendered in accordance with any of the
preceding clauses and such child shall
have been accepted by such society,
then,
(but not otherwise),
the rights of its
natural parents or of the guardian of its
person
(if any)
shall cease and such
corporation shall become entitled to the
custody of such child, and shall have
authority to care for and educate such
child or place it either temporarily or
permanently in a suitable private home in
such manner as shall best secure its
welfare.
Such corporation shall
have
authority when any such child has been
surrendered to it in accordance with any
of the preceding prov~s~ons, and it is
still in its control, to consent to its
adoption under the laws of Washington.
The custody or control of any such child
by any such corporation or by any other
corporation, institution, society or person may be inquired into, and, in the
discretion of the court, terminated at any
time by the superior court of the county
where the child may be, upon the complaint
of any person,
and a showing that such
custody is not in the interest of the
child.
[1973 c 134 § 7; 1903 c 49 § 1;
RRS § 1700.)
134·
~~gbi1ii1::_J.273
£ -.s.
following RCW 26.24.190.
See
note
26.37.015
SURRENDER OF
ILLEGITIMATE
£fi11D--PETITIQ!L-- £00RT --APPRO!AbL
~E:
.QQIR.m2=HEA~1.NQ::-J!Q,IICE
flillll§lQ]h
(1)
Whenever one parent, but not both parents,
of an illegitimate child surrenders the
child in writing pursuant to subsection
(4) of RCW 26.37.010, the surrender shall
not be valid unless a petition for surrender is granted by the court in conformity
with the provisions of this section. The
court shall grant such petition if the
parent who did not provide the surrender
in writing fails to contest the petition
at the hearing held thereon.
156 ]
26.37.020
PROTECTION OF ORPHAN, HOMELESS, OR NEGLECTED CHILDREN
------------------(2) Where the court has reason to believe or suspect that any person not
before the court is or might be the parent
of such child, the court shall direct the
clerk to issue the notice prescribed in
subsection
(4)
of this section to such
person. The notice required under this
subsection shall be served in the manner
provided by law for the service of summons
upon the person entitled thereto at least
ten days prior to the hearing.
In the
event that a person entitled to notice
under this subsection is a nonresident of
the state or cannot after diligent search
be found within the state, then:
(a) If the last known place of residence
of such person is known,
a copy of the
notice shall be deposited in the post
office, postage prepaid, directed to such
person
at
his
last known place of
residence.
(b) If the last known place of residence
of such person is not known then notice
shall be made by publication in the manner
required under subsection
(3)
of this
section and as prescribed under subsection
(4) of this section.
(3) Notice by publication shall be made
in every case, except where service of the
notice has been made on a person who
either:
(a) acknowledges that he is a parent and
the court finds him to be a parent, or
(b) has been found to be the father
pursuant to chapter 26.24 RCW.
In addition, the court may require notice by publication whenever the court
believes such notice might be necessary to
protect the validity of adoption proceedings and any decree of adoption.
Whenever
notice by publication is required,
the
court shall direct the clerk to publish
the notice in a legal newspaper printed in
the county, qualified to publish summons,
once a week for three consecutive weeks,
the first publication of said notice to be
at least twenty-four days prior to the
date fixed for the hearing.
The notice
shall be in the form prescribed under
subsection {4) of this section.
(4) The notice required under subsections (2) and (3) of this section shall be
in substantially the folloving form:
IN THE SUPERIOR COURT OF THE STATE OF
WASHINGTON FOR THE COUNTY OF
In the Matter of the
Surrender of Jane Doe
No.
Notice-
To all whom it may concern:
You are hereby notified that there has
been filed in this court a petition for
the surrender of the above-named, praying
also that there be first
an adjudication
that t h e - - - - - - - [father's or mother's]
written surrender of such child is not
required by law.
You are notified that the written surrender
of
the
above-named
by
the
--------- [father or mother] of
the
above-named, s u c h - - - - - - - [father's or
1973 RCW SUPP.
[
mother's) name being--------------' has
already been given or is not required by
law.
You are further notified that your failure to contest the surrender of the abovenamed at the hearing described in this
notice may result in the relinquishment of
your rights to custody and control of the
above-named and the adoption of the abovenamed.
A hearing for such purpose will be had
on the ----- day of
, 19 __ , at
the hour of 9:30 a.m., at the courtroom of
said superior court, at -------------'
or to such other department of the court
to which said matter may be then and there
transferred, when and where all persons
interested shall appear and show cause why
such adjudication should not be made,
and
why,
if made, such petition should not be
thereafter heard forthwith and the prayer
thereof granted.
WITNESS, the Honorable --------------'
Judge of said Superior court, and the seal
of said court hereunto affixed this
day of - - - - - · 19__
------clerk ______ _
(Seal)
------------------Deputy Clerk
[1973 c 134 § 8.]
~~En!!iliiy
.1273
£
following RCW 26.24.190.
134:
See
note
26.37.020
WAliRANI IQ TAKE CHARGE OF
£HlbD--PROCEEQ1]§§~ Upon complaint-o~any
person in writing other than an officer or
agent of such society or corporation to
any judge of the superior court giving the
names and residences of the
parents,
guardian
(if any) or next of kin of such
child, so far as known, and alleging that
the father of such minor child is dead, or
has abandoned his family or is an habitual
drunkard or is a man of notoriously bad
character, or is imprisoned for crime,
or
has
grossly abused or neglected such
child, and that the mother of such child
is an habitual drunkard, or imprisoned for
crime,
or a woman of notoriously bad
character or is dead, or has abandoned her
family, or has grossly abused or neglected
such child, and alleging that the welfare
of such child requires that legal steps be
taken to provide for its care and custody,
a warrant shall issue directing the proper
officer to take such child into custody
and care for or dispose of it as such
judge shall direct, until a hearing can be
had, such proceedings shall have precedence of other causes, of which hearing
not less than five days notice shall be
given to such parents, guardian or next of
kin and such judge shall hear the allegations of the complaint and all testimony
offered for or against the same
and
determine whether in his judgment there is
cause for a change in the care and custody
of such child.
If the judge shall decide
157 ]
26.37.020
DOMESTIC RELATIONS
--------------------------------
----------------------------------------
to change the care and custody of such
child, he may commit the child to the care
and custody of any such benevolent society
contemplated in this chapter which is
willing to receive it, and such commitment
shall carry with it the same powers and
authority as above provided in case of
voluntary surrender, or he may enter such
findings and transmit the papers and a
transcript
of his proceedings to the
county commissioners of the county in
which the case arises and surrender such
child to the care and custody of such
commissioners and it may be disposed of
without further notice to the parents,
guardian or next of kin. [1973 1st ex.s.
c 154 § 44; 1903 c 49 § 2; RRS § 1701.]
~~fi.a!!ili,ty
j97] jst ~~.:. g
note following RCW 2.12.030.
ill.:.
See
TITLE 27
LIBRARIES, MUSEUMS AND H·ISTORICAL
ACTIVITIES
sections added, amended, or repealed:
fha.E.tfi ll.:..Q.§ stat~ certill£si.i2.!! .Qf LibrariS.!!.§.:.
27.08.010
£haptfi
State librarians• certification
board created--Powers-Certificate fee--Expenses of board-Certified librarians required.
27~1~
27.12.050
27.12.070
27.12.150
Public
Lib£sries~
Rural library districts--Board
of library trustees--Tax
levies.
Rural library districts--Limitation of indebtedness.
Intercounty rural library districts--Tax levies.
£hapt~~ ~1.16
Int~rmgQlli~ SchQQ.l Di.2=
trict £irgJ!la.iJ:ill! Librari~ JL.Q£.:
merly;. £.QQnty £i£culat~ng
bibrgriesd
27.16.020
Tax levy for circulating school
library fund--Deposit--Payments
from fund.
chaptfi ll.:.J1 Easter.n ]Sshing,i.Q.!!
Historical Sogiet~
27.32.010
27.32.020
lli~
Society as trustee--Duties.
Property held in trust for
people.
(
Chapter 27.08
STATE CERTIFICATION OF LIBRARIANS
27.08.010
STAT~ ~ARJAli§~ £~BTIFI£A.:
TION
BOARD CREATE~QRER2==f~BIIIIC!I~
FEE=-EXPENSES OF BOARD--CERTIFIED LIBRARI-
giQUIREn.:.--
AN~(T)~ere-rs~erebr-cre:
ated a state board for the certification
of librarians, which shall consist of the
state librarian, the executive officer of
the department of librarianship of the
University of washington, and one other
member to be appointed by the governor for
a term of three years from a list of three
persons nominated by the executive committee of the washington library association.
The members of the board shall serve
without salary, shall have authority to
establish rules and regulations for their
own government and procedure, and shall
prescribe and hold examinations to test
the qualifications of those seeking certificates as librarians.
(2)
The board shall grant librarians•
certificates without examination to applicants who are graduates of library schools
accredited by the American library association for general library training, and
shall grant certificates to other applicants when it has satisfied itself by
examination that the applicant has attainments and abilities equivalent to those of
a library school graduate and is qualified
to carry on library
work
ably
and
efficiently.
(3)
Any person not a graduate of a
library school accredited by the American
library association, but who has served as
a librarian or a full time professional
assistant in any library in this state for
at
least one year or the equiva+ent
thereof prior to midnight, June 12, 1935,
shall be granted a librarian's certificate
without examination, but such certificate
shall
be good only for the position
specified therein, unless
specifically
extended by the board.
(4)
The board shall reguire a fee of
not less than one dollar nor more than
fi•e dollars to be paid by each applicant
for a librarian's certificate. Money paid
as fees shall be deposited with the state
treasurer.
All necessary expenses of the
board shall be paid from funds appropriated by the legislature upon the presentation of proper vouchers approved by the
board.
(5)
After January 1, 1937, a library
serving
a community having over four
thousand population shall not have in its
employ, in the position of librarian or in
any other full time professional library
position, a person who does not hold a
librarian's certificate issued by
the
board.
(6)
A full time professional library
position, as intended by this section, is
one that reguires, in the opinion of the
state
board for the certification of
librarians, a knowledge of books and of
158 ]
INTERMEDIATE SCHOOL DISTRICT CIRCULATING LIBRARIES
27.16.020
--------------------------------------------------------------------------------------library technique equivalent to that required for graduation from an accredited
library school.
(7)
The
provisions in this section
shall apply to every library serving a
community having over four thousand population and to every library operated by
the state or under its authority, including libraries of institutions of higher
learning:
PROVIDED, That nothing in this
section shall apply to the state law
library or to county law libraries.
[1973
c 106 § 12; 1935 c 119 § 11; RRS § 822611.
Formerly RCW 27.08.010, 27.08.020,
27.08.030, 27.08.040 and 27.08.050.]
27.12.150
INTERCOUNTY
RURAL LIBRARY
DISTRICTS--TAX--LEVIES;-- Funas--for-~he
establishment- and maintenance of the library service of the district shall be
provided by the boards of county commissioners of the respective counties by
means
of an annual tax levy on the
property in the district of not more than
fifty cents per thousand dollars of assessed value per year.
The tax levy in
the several counties shall be at a uniform
rate and shall be based on a budget to be
compiled by the board of trustees of the
intercounty rural library district who
shall
determine the uniform tax rate
necessary and certify their determination
to
the
respective
boards of county
commissioners.
Excess levies authorized pursuant to RCW
27.12.222 and RCW 84.52.052 or 84.52.056
shall be at a uniform rate which uniform
rate shall be determined by the board of
trustees of the intercounty rural library
district and certified to the respective
boards of county commissioners. [1973 1st
ex. s. c 195 § 7; 1955 c 59 § 8; 1947 c 75
§ 7; Rem. Supp. 1947 § 8246-7.]
Chapter 27.12
PUBLIC LIBRARIES
27.12.050
]]]!1
1IB~ARI
DISTRI£IS-=
!J..Q!RD .QI llruiARY IRU.§!EES==I!! 1~.!1M~
After the ·board of county commissioners
has declared a rural county library district established,
it shall appoint a
board of library trustees and provide
funds for the establishment and maintenance of library service for the district
by making a tax levy on the property in
the district of not more than fifty cents
per thousand dollars of assessed value per
year sufficient for the library service as
shown to be required by the budget submitted to the board of county commissioners
by the board of library trustees, and by
making a tax levy in such further amount
as shall be authorized pursuant to RCW
27.12.222 or RCW 84.52.052 or 84.52.056.
such levies shall be a part of the general
tax roll and shall be collected as a part
of the general taxes against the property
in the district. [1973 1st ex.s. c 195 §
5; 1955 c 59 § 5.
Prior: 1947 c 75 § 11,
part; 1943 c 251 § 1, part; 1941 c 65 § 4,
part; Rem. Supp. 1947 § 8226-4a, part.]
.§.~g,!!ilit.Y==Effectiy~ date§ a!!Q ~i.=
nation dates--Construction--1973 1st ex.s •
.£ 195:
see notes following RCW84:S2:043:
Chapter 27.16
INTERMEDIATE SCHOOL DISTRICT
CIRCULATING LIBRARIES
(FORMERLY: COUNTY CIRCULATING LIBRARIES)
27.16.020
1!! 1EVY roR
£Ili£ULATI~Q
SCHOOL
LIB£!!RY
ruND--DEPOSll=::PAYMENT.§
F~OM rQli~
Each board of county commisS10ners may levy a tax not exceeding two
and one-half cents per thousand dollars of
assessed value for the ?Upport of the
circulating library in its intermediate
school district. The proceeds of the tax
collected shall constitute the circulating
school library fund for the payment of all
bills created by the intermediate school
district for the purchase of books and
instructional materials and fixtures.
The
fund shall be deposited in the office of
the county treasurer in which other intermediate school district funds are deposited, and shall be payable on order of the
intermediate
school district board of
education. [1973 1st ex.s. c 195 § 8;
1969 ex.s. c
176 § 26; 1955 c 163 § 2;
1909 c 97 p 320 § 2; 1903 c 104 § 28;
RRS
§ 4927. Cf. 1901 c 177 § 14; 1897 c 118 §
10 7. ]
27.12.070
RURAL ~!RY
DISTRICTS-LIMITATION OF INDEBTEDNESS. -At no time
sharr-the-total Iadebteaness-of the district exceed an amount that could be
raised by a one dollar per
thousand
dollars of assessed value levy on the then
existing value of the taxable property of
the district, as the term "value of the
taxable property" is defined in RCW 39.36.015, except as provided in RCW 27.12.222
or RCW 84.52.052 or 84.52.056. The county
treasurer of the county in which any rural
county library district is created shall
receive and disburse all district revenues
and collect all taxes levied under this
chapter.
[ 1973 1st ex.s. c 195 § 6; 1970
ex.s. c 42 § 2; 1955 c 59 § 7.
Prior:
1947 c 75 § 11, part; 1943 c 251 § 1,
part; 1941 c 65 § 4, part; Rem. Supp. 1947
§ 8226-4a, part.]
1973 RCW SUPP.
(
.§.~~rabi1ity::::Effectiy~ date§ all£ :ttl.!!!.i.=
na:tion gates==~!!.2:t£Q£tiQn==197l 1.2i ~~~§~
£ 1951 See notes following RCW 84.52.043.
159
]
27. 16.020
LIBRARIES, MUSEUMS AND HISTORICAL ACTIVITIES
Chapter 27. 32
EASTERN WASHINGTON STATE HISTORICAL
SOCIETY
of the board of trustees, properly enhance
its collection. ( 1973 c 35 § 2;
1925
ex.s. c 187 § 2; RRS § 8265-2.]
27.32.010
~TY !§ !RQSTEE--DU!!ES~
The Eastern Washington state historical
society, a corporation existing under the
laws of the state of Washington, be and
the same is hereby created a trustee of
the state of Washington for the intent and
purposes hereinafter mentioned:
It shall be the duty of the said society
(1)
To collect books, maps, charts,
papers and materials illustrative of the
history of this state, and of its progress
and development.
(2)
To procure from pioneers authentic
narrative of their experiences and of
incidents relating to the early settlement
of this state.
(3)
To gather data and information concerning the origin, history, language and
customs of our Indian tribes.
(4)
To procure and purchase books, papers and pamphlets for the several departments of its collections, climatic, health
and mortuary statistics, and such other
books,
maps, charts, papers and materials
as will facilitate the investigation of
the historical, scientific and literary
subjects.
(5)
To bind, shelf, store and safely
keep the unbound books,
documents,
manuscripts, pamphlets and newspaper files now
or hereafter to come into its possession.
(6)
To catalogue the collections of
said society for the convenient reference
of persons having occasion to consult
same.
(7)
To prepare biennially for publication a report of its collections and such
other matters relating to the work of the
society as may be useful to the state and
people thereof.
(8)
To keep its rooms open at all
reasonable hours of business days for the
reception of citizens and visitors,
without charge.
(9)
To develop, purchase, and acquire
through gift, loan, or otherwise, collections of history and art, which through
exhibit and exhibition, will promote a
better understanding of the cultural development of the state, and to otherwise
encourage the application of history and
art.
[1973 c 35 § 1; 1925 ex.s. c 187 §
1; RRS § 8265-1.]
TITLE 28A
COMMON SCHOOL PROVISIONS
sections added, amended, or repealed:
Chs_pte;r. 28LQ.1
28!.01.120 Associated student body.
28!.01.130 Certificated employee.
28A. 02.060 School holidays.
(Effective
until January 1, 1971.)
28A.02.061 School holidays.
28A.02.070 Programs in observance of Veterans• and Admission Day.
(Effective until January 1, 1971.)
28!.04.110 Meetings--Expenses reimbursed.
28!.04.135 Additional powers and duties-Certificate of educational competence, rules for issuance.
28A.04.137 Additional powers and duties-Student financial assistance
program, rules for
administration.
28A.04.209 Additional powers and duties-Associated student bodies,
rules and regulations relating
to.
Chs£te;r. 28A.Q.§
27.32.020
~~! ~~Q IN
TRUST FO~
The books, maps, charts, relics,
memorials, collections and all other property of the society now owned or hereafter
acquired shall be held by the said society
perpetually in trust for the use and
benefit of the people of the state of
washington:
PROVIDED, That nothing contained herein shall prohibit the society
from declining to accept, selling, exchanging, or otherwise divesting itself of
such items which do not, in the judgment
[
High SchQQl Extens!Qn
£~~
28A.06.010 State board to prescribe extension courses--Examinations.
28A.06.050 Preparation and distribution of
questions--Grading.
28!.06.070 Four year certificate of
completion.
Ch,gpte_!:
~09
.!Q,£Sti.Qnal E.fu!£.9!!.2!! Gen.:
erally~
28!.09.200 Children of certain citizens
missing in action or prisoners
of war exempt from fees--Limitations--Procedure.
ChHte_!:
f~~
.Qefini ti.Q!!h
28A.!.l~
§ghoQ.! ,Iransporta;iion.
25A.24.055 Transporting of children to
school or school activities-Transporting of elderly-Insurance.
28A.24.110 Lease of buses to transport
handicapped children and elderly--Limitation.
28A.24.120 Elderly persons defined--Program limitation.
160 ]
DIGEST OF TITLE
TITLE 28A
--------------------------------------------------------------------------------------28A.27.010 Attendance mandatory--Age--When
excused.
28A.28.010-28A.28.140.
s;M.ner 28A • .J1
.Health
~g.§!!f:iU?..:.
28A.31.050 Visual and auditory screening
of pupils--Rules and regulations~ forms used in screenings, distribution.
28A.34.050 Establishment and maintenance
discretionary.
C urg_,n! a! ate Sc_hQQl
Qi,stric! S§iJ!llm£2,g.::
!!.§!!! Pr.Qgll.!J!2.:.
Cha.Ej:,g£ £.§.L.E.J.
_£:und~Sch.QQ.!
28A.41.130 Annual distribution of funds
according to weighted
en roll me nt.
28A.41.170 State superintendent may make
rules and regulations.
28A.41.180 Reimbursement for substitute if
employee serves state board or
superintendent.
28A.41.210 Allocations--Minimum requirements.
(Effective until January 1, 1975.)
s;ha£1g
l~.§
~!,i.Q.!!!IJen! !.Q Di§.::
j:rict..§--Dist,rj,£1 ACCO.!,!Qtillil.:..
28A.48.110 Distribution of state property
tax proceeds.
s;ha£1.§£ l8A._21
~atj,QQ
Q,rg~izatj,on gQQ ReQ!:ggn.i.::
Of SGhQQ,! QiS!£.i£!§.:.
28A.57.230 Joint school districts--Defined--Designation.
28A.57.240 Joint school districts--Change
or adjustment of joint districts--Procedure generally.
28A.57.250 Joint school districts--Administration--County to which
joint school district considered as belonging.
28A.57.255 Joint school districts--Special
rules for electors voting for
directors or intermediate
school district board members.
28A.57.260 Joint school districts--Directors-Vacancies.
28A.57.312 Directors--Elections--Terms-Number.
28A.57.342 Directors• districts in certain
school districts--Submittal of
proposition at formation
election.
28A.57.344 Directors• districts in certain
school districts--Election to
authorize division in school
districts not already divided
into directors' districts.
1973 RCW SUPP.
28A.57.357 Directors--Number and terms of
in first class districts containing more than one former
first class district.
28A.57.358 Directors--Number and terms of
in new first class district
having enrollment of 50,000 in
class AA counties.
28A.57.425 Directors• districts in first
class districts having enrollment of 50,000 in class AA
counties--Boundaries--Director
candidate eligibility--Declaration of candidacy--Primary limited to voters within
district--When no primary-Terms of directors.
28A.57.435 Directors• districts in first
class districts having enrollment of 50,000 in class AA
counties--Initial district
boundaries--Appointments to
fill vacancies for new director
districts--Director district
numbers.
28A.58.115 Directors--Associated student
bodies--Powers and responsibilities affecting.
28A.58.136 Directors--Lunchrooms-Establishment and operation--Personnel for.
28A.58.247 Community education programsRestrictions.
28A.58.420 Liability, life, health, health
care, accident, disability and
salary insurance authorized-Premi urns.
28A.58.423 Liability insurance for officials and employees authorized.
28A.58.450 Adverse change in contract
status of certificated employee-Notice--Probable cause-Hearing-Decision.
28A.58.515 Direct judicial appeals in lieu
of hearings provided in RCW
28A.58.450 and 28A.67.070.
28A.58.700 Student financial assistance
program-Definitions.
28A.58.701 Student financial assistance
program--Criteria for establishing need--Limits on grants.
28A.58.703 Student financial assistance
program--Priority basis-All
funds disbursed.
28A.58.704 Student financial assistance
program--Discriminatory practices prohibited.
28A.58.706 Student financial assistance
program--Grants, gifts, beguests and devises authorized
for.
28A.58.707 Student financial assistance
program--Scope of use of
awards.
28A.58.720 Nonprofit meal program for elderly--Purpose.
28A.58.722 Nonprofit meal program for elderly-Authorized--Restrictions.
[ 161 ]
TITLE 28A
COMMON SCHOOL PROVISIONS
28A.58.730 Deposit of cumulative total of
earnings of group of employees--Authorized--Conditions.
Chapter 28 A. 02
GENERAL PROVISIONS
28A.02.060
~£B001
nQ1JDA!~~
l~If~~~
JANU_!]! 1.~.- 1111~1 [1969 ex.s.
c 223 § 28A.02.060;
see prior history
under RCW 28!.02.061.] Repealed by 1973 c
32 § 2.
!.!!~UNTIL
28A.60.210 School property used for public
purposes--Special state commission to pass on plans.
28A.60.328 Drawing and issuance of warrants--Second and third class
districts.
28A.02.061
§CH001 HObiDA!~~ The following are school holidays, and school
shall not be taught on these days:
Saturday;
Sunday; the first day of January,
commonly called New Year's Day; the third
Monday in February, being the anniversary
of the birth of George Washington; the
last Monday in May,
commonly known as
Memorial Day; the fourth day of July,
being the anniversary of the Declaration
of Independence; the first Monday
in
September, to be known as Labor Day; the
fourth Monday in October, to be known as
Veterans• Day; the fourth Thursday in
November, commonly known as Thanksgiving
Day; the day immediately following Thanksgiving Day;
the twenty-fifth
day
of
December, commonly called Christmas Day:
PROVIDED, That no reduction from
the
teacher's time or salary shall be made by
reason of the fact that a school day
happens to be one of the days referred to
in this section as a day on which school
shall not be taught.
[1973 c 32 § 1; 1969
ex.s. c 283 § 13. Prior:
1969 ex.s. c
223 § 28!.02.060; prior:
1955 c 20 § 2;
1909 c 91 p 308 § 6; RRS § ~853. Formerly
RCW 28A.02.060, 28.02.060.)
!.;M~~ ~8A
.66 Sch.QQl, Di.2!fi£! li.sn£nts,
Auditor's Qy!ies ~!l,Qg To~
28!.66.010 Registering warrants--All
districts.
28A.66.040 Auditor to draw and issue warrants--Second and third class
districts.
28A.66.050 Teacher must qualify and be
under contract before warrant
drawn and issued or registered-All districts.
fna~~ ~~21
.§ions~
I~~Geg,g,tal
h.2.ll=
28A.67.070 Conditions and contracts of employment--Nonrenewal of
contracts.
!,;l!s~~ ~8A~1~
£s1§g
li~.Q!i,,gti.Q.!l§
ll.Y fgrtlH=
Per§Qggel~
28A.72.100 Principals, assistant principals, application to.
£ha,E1~ ~8A -~
ll.E21.2 X.!:.Q.l!! A£ti.21! Q£
lfQg.s£!i.2£ Ql SchoQl, Offic~als ggg
§chog,! llQgds.!.
28A.02.070
f!ill_GRAM§ IN OBSERVANCE OF
VE~RA~ !!iQ AD~ISS1Q!i QAY.:.-]~FFEC'l'IVE
QH!lb JANUARY 1.... 197~ [ 1969 ex.s. c 176
§ 101; see prior history under present RCW
28A.02.070.] Repealed by 1973 c 32 § 2.
28!.88.070 Procedure at hearings on
appeals.
Chapter 28A. 03
SUPERINTENDENT OF PUBLIC INSTRUCTION
Chapter 28A.01
DEFINITIONS
Cross References:
28A.01.120
~fiA!]Q
See RCW 28A.58.115.
community education programs, rules
regulations for:
RCW 28A.58.247.
28A.01.130
CERTIFICATED ~PLQYEE~ The
term "certificated employee" as used in
RCi 28A.58.450 through 28!.58.515, 28!.58.445, 28A.67.065, 28A.67.070, and 28!.67.074, each as now or hereafter amended,
shall
include those persons who hold
certificates as authorized by rule or
regulation of the state board of education
or the superintendent of public instruction. [ 1973 1st ex.s. c 105 § 1. ]
[
and
Negotiations by certificated personnel,
superintendent's regulations for election
to determine if principals,
assistant
principals, act as separate unit: RCW
28A.72.100.
State board for community college education--Program tor military personnel--Restrictions as te high school completion
program: RCW 28 B . 50 • 0 92 •
162
]
VOCATIONAL EDUCATION GENERALLY
28A.09.200
--------------------------------------------------------------------------------------Chapter 28A.04
STATE BOARD OF EDUCATION
cross Reference:
state board for community college education--Program for military personnel--Restrictions as tc high school completion
program: RCW 28B.50.092.
Chapter 28A.06
HIGH SCHOOL EXTENSION COURSES
28A.06.010
28A.04.110
MEETINGS--EXPENSES REIMBURSED.
The state--board- of--education
skan:--hold an annual meeting and such
other regular meetings at such time and
place within the state as the board shall
determine and may hold such special meetings as may be deemed necessary for the
transaction of public business, such special meetings to be called by the superintendent of public instruction,
or by a
majority of the board. The persons serving as members of the state board of
education
shall be reimbursed by the
superintendent of public instruction for
the actual expenses incurred in the performance of their duties which expenses
shall be paid by the state treasurer on
warrants out of funds not otherwise appropriated, upon the order of the superintendent. ( 1973 c 106 § 13; 1969 ex. s. c 223
§ 28A.04.110.
Prior: 1909 c 97 p 235 § 4;
RRS § 4528.
Formerly RCW
28.04.110;
43.63.130.]
!QDITIQ!AL POW§li~ AN~ ~Q=
IIES~~~liTIFI~!TE
OF EDUCATIQ!!t ~OMPE=
!!!CE4- RUbES FO,!i ISSUA!CE.
The state
board of education shall adopt rules and
regulations governing the conditions by
and under which a certificate of educational competence may be issued to a
person nineteen years of age or older, and
a child fifteen years of age and under
nineteen years of age when such a child
can evidence substantial and warranted
reason for leaving the regular high school
education program. [1973 c 51 § 2.]
28A.04.135
§.gy_tlabili1~...197]. .£ 51~
See note
fol-
lowing RCW 28A.27.010.
28A.04.137
AD~ITIQ!!b
PO~§!i~
AN~ DU=
1IES--SIQDE!I f!!!NC!!b ASSISTANCE f!iQ=
_!ii!Al!..
liUL§~
fOR
!DMINISTM!ION..!.
IB
addition to other powers and duties, the
state board of education shall adopt rules
and regulations for the administration of
a student financial assistance program for
needy and disadvantaged elementary and
secondary students as provided for in RCW
28A.58.700 through 28A.58.707. [ 1973 c 81
§ 1. 1
~ev~I~QiliiY=-197]. .£ Ql~
lowing RCW 28A.59.700.
1973 RCW SUPP.
See note
fol-
§!~!Qli
~TATE
BOARQ !Q f!i§~CR!BE
£QUR~tS__._E.!!MI1i!TIONS.
[1969
ex.s. c 223 § 28A.06.010. Prior:
1909 c
97 p 370 § 1; RRS § 5093. Formerly RCW
28.06.010, 28.06.020, 28.06.030 and 28.06.040.] Repealed by 1973 c 51 § 4.
28A.06.050
PREPARATION !!Q ~JST~Q=
!!Q! Qf Q!!.§STION~;-GRADING..!. [1969 ex.s. c
223 § 28A.06.050. Prior:
1909 p 370 § 2;
RRS § 5094.
Formerly RCW 28.06.050 and
28.06.060.] Repealed by 1973 c 51 § 4.
28A.06.070
fQQ!i XEAS CERTIFICATE OF
CO~PLETION..!. [1969 ex.s. c 223 § 2SA.06.070. Prior:
1909 p 371 § 3; RRS § 5095.
Formerly RCW 28.06.070.] Repealed by 1973
c 51 § 4.
Chapter 28A.09
VOCATIONAL EDUCATION GENERALLY
28A.09.200
£HILDREN OF £§RT!I! £!!1=
ZENS 11ISSING !! ACTION Q!i PRISON§!!.~ Qf !Ali
~f! fliQ11
FEE5--LIMITATIONS--P!l.OC~DU!i~
Children
of
any
person
who was a
Washington domiciliary and who within the
past eleven years has been determined by
the federal government to be a prisoner of
war or missing in action in Southeast
Asia, including Korea, or who shall become
so hereafter, shall be admitted to any
public vocational-technical school within
the state without the necessity of paying
any registration fees or tuition therefor:
PROVIDED, HOWEVER, That such child shall
meet such other educational qualifications
as such vocational-technical school shall
deem reasonable and necessary under the
circumstances.
Affected
institutions
shall in their preparation of
future
budgets include therein costs resultant
from such registration fee or tuition loss
for reimbursement thereof from appropriations of state funds. Applicants for free
tuition shall provide institutional administrative personnel with documentation of
their rights under this section. (1973 c
63 § 1; 1972 ex.s. c 17 § 1.]
Effective date-1973 c 63:
"This 1973
amendatory actisnecessary for the immediate preservation of the pubiic peace,
health and safety, the support of the
state government and its existing public
institutions, and shall take effect immediately: PROVIDED, That qualified applicants under sections 1 and 2 of this 1973
[ 163 ]
28A.09.200
COMMON SCHOOL PROVISIONS
--------------------------------------------------------------------------------------asendatory act shall be admitted to such
institutions free of tuition and such fees
commencing not later than the next succeeding quarter,
semester or like educational
period
beginning
after
the
effective date of this 1973 amendatory
act." [1973 c 63 § 3.) This applies to
RCW 28A.09.20C and 28B.10.265. The effective date of the 1973 act was March 8,
1973.
Chapter 28A. 24
SCHOOL TRANSPORTATION
28A.24.055
IRANSPQBTIN2 OF CHILDBEN !Q
~Q!.QQ1
Ql! ~CH001 !CTIVIT.IES--:::!BA_!igQBTIN2
]1QER1Y--.!N~URANC~
Every board of
Q£
directors shall provide and pay for transportation of children to and from school
whether
such children live within or
without the district when in its judgment
the best interests of the district will be
subserved thereby, but the board is not
compelled to transport any pupil living
within two miles of the schoolhouse.
When children are transported from one
school district to another the board of
directors of the respective districts may
enter into a written contract providing
for
a division of the cost of such
transportation between the districts.
When commercial charter bus service is
not reasonably available to a
school
district, the state board of education may
authorize the use of school buses and
drivers hired by the district for the
transportation of school children and the
school employees necessary for their supervision to and from any school activities within or without the school district
during or after school hours and whether
or not a required school activity, so long
as the school board has officially designated it as a school activity. For any
extra-curricular uses, the school board
shall
charge an amount sufficient to
reimburse the district for its cost.
In addition to the right to contract for
the use of buses provided in RCW 28A.24• 170 and 28A.24.172, any school district
may contract to furnish the use of school
buses of that district to other users who
are engaged in conducting an educational
or recreational program supported wholly
or in part by tax funds or programs for
elderly persons at times when those buses
are not needed by that district and under
such terms as will fully reimburse such
school district for all costs related or
incident thereto:
PROVIDED, HOWEVER, That
no such use of school district buses shall
be permitted except where other public or
private transportation certificated
or
licensed by the washington utilities and
transportation commission is not reasonably available to the user:
PROVIDED
FURTHER, That no user shall be required to
accept any charter bus for services which
the user believes might place the health
or safety of the children or elderly
persons in jeopardy.
Whenever any school children or elderly
persons are transported by the school
district in its own motor vehicles and by
its own employees, the board may provide
insurance to protect the district against
loss, whether by reason of theft, fire or
property damage to the motor vehicle or by
reason of liability of the district to
persons from the operation of such motor
vehicle.
The board may provide insurance by contract purchase for payment of hospital and
medical expenses in an amount not exceeding one thousand dollars per person per
injury for the benefit of persons injured
while they are on, getting on, or getting
off any vehicles enumerated herein without
respect to any fault or liability on the
part of the school district or operator.
This insurance may be provided without
cost to the persons notwithstanding the
provisions of RCW 28A.58.420.
If the transportation of children or
elderly persons is arranged for by contract of the district with some person,
the board may require such contractor to
procure such insurance as the board deems
advisable. (1973 c 45 § 1; 1971 c 24 § 3;
1969 ex.s. c 153 § 3; 1969 ex.s. c 223 §
28A.24.055.
Prior:
{i) 1967 ex.s. c 29 §
1, part; 1967 c 12 § 1, part; 1965 ex.s. c
49 § 1, part; 1963 c 104 § 1, part; 1963 c
5 § 1, part; 1961 c 305 § 1, part; 1961 c
237 § 1, part; 1961 c 66 § 1, part; 1955 c
68 § 2, part; prior:
1943 c 52 § 1, part;
1941 c 179 § 1, part; 1939 c 131 § 1,
part; 1925 ex.s. c 57 § 1, part; 1919 c 89
§ 3, part; 1915 c 44 § 1, part; 1909 c 97
p 285 § 2, part; 1907 c 240 § 5, part;
1903 c 104 § 17, part; Rem. Supp. 1943 §
4776, part. Formerly RCW 28.58.100, part.
(ii)
1965 ex .s. c 86 § 1. Formerly RC~
28.58.421.]
cross Reference:
Elderly person defined--Program limitation: RCW 28A. 24. 120 •
28A.24.110
LEASE OF BUSES TO TRANSPORT
HANDICAPPED CHILDREN AND--ELDERLY=-LiMITATION:---The -direc=torsof school districts
are authorized to lease school buses to
nonprofit organizations to transport handicapped children and elderly persons to
and from the site of activities or programs deemed beneficial to such persons by
such organizations:
PROVIDED, That commercial bus transportation is not reasonably available for such purposes. [1973 c
45 § 2; 1971 c 7 8 § 1. l
Cross Reference:
Elderly person defined--Program limitation: RCW 28A.24.120.
[ 164 ]
CHILD EMPLOYMENT AND PART TIME SCHOOLS
28A.28.070
--------------------------------------------------------------------------------------28A.24.120
ELDERL! PERSONS DEFINED-PROGRAM 1IHIIATIQ!~
For-purposes-of RCW
2aA:24~055, 28A.24.110 and this
section,
"elderly person" shall mean a person who
is at least sixty years of age.
No school
district funds may be used for the operation of such a program. (1973 c 45 § 3.]
Cross Reference:
work permits for minors
49.12.123.
Chapter 28A.27
COMPULSORY SCHOOL ATTENDANCE
28A.27.010
AT~AMCE MAMQAIQRY--AG~
j]]! EXCUSEQ~ All parents, guardians and
the persons in this state having custody
of any child eight years of age and under
fifteen years of age shall cause such
child to attend the public school of the
district in which the child resides for
the full time when such school may be in
session or to attend a private school for
the same time unless the school district
superintendent of the district in which
the child resides shall have excused such
child from attendance because the child is
physically or mentally unable to attend
school or unless such child is attending a
residential school operated by the division of institutions of the department of
social and health services.
All parents, guardians and other persons
in this state having custody of any child
fifteen years of age and under eighteen
years of age shall cause such child to
attend the public school of the district
in which the child resides for the full
time when such school may be in session or
to attend a private school for the same
time excepting when the school district
superintendent determines that such child
is physically or mentally unable to attend
school or has already attained a reasonable proficiency in the branches required
by law to be taught in the first nine
grades of the public schools of this
state, or the child is regularly and
lawfully engaged in a useful or remunerative occupation, or the child is attending
a
residential school operated by the
division of institutions of the department
of social and health services, or the
child has already met graduation requirements in accordance with state board of
education rules and regulations, or the
child has received a certificate of educational competence under rules and regulations established by the state board of
education under RCW 28A.04.135.
Proof of absence from any public or
approved private and/or parochial school
shall be prima facie evidence of a violation of this section.
An approved private
and/or parochial school for the purposes
of this section shall be one approved
under regulations established by the state
board of education pursuant to RCW 28!.04.120 as now or hereafter amended. (1973 c
51 § 1; 1972 ex.s. c 10 § 2. P't'ior:
1971
ex.s. c 215 § 2; 1971 ex.s. c 51 § 1; 1969
1973 RCW SUPP.
ex • s • c 10 9 § 2 ;
19 6 9 ex • s • c 2 2 3 §
28A.27.010; prior:
1909 p 364 § 1; RRS §
5072; prior:
1907 c 240 § 7; 1907 c 231 §
1; 1905 c 162 § 1; 1903 c 48 § 1; 1901 c
177 § 11; 1899 c 140 § 1; 1897 c 118 § 71.
Formerly RCW 28.27.010.]
required:
RCW
.§.~!~illi.!itY==12.73 £ .211.
"If any provision of this 1973 amendatory act, or its
application to any person or circumstance
is held invalid, the remainder of the act,
or the application of the provision to
other persons or circumstances is not
affected." (1973 c 51§ 5.] This applies
to RCW 28A.27.010, 28A.04.135, 49.12.123
and the repeal of chapters 28A.06 and
28A.28 RCW.
Chapter 28A. 28
CHILD EMPLOYMENT AND PART TIME SCHOOLS
28A.28.010
PERMIT OFFICERS DESIGNATED==COORDINAI!NG couNcii DEFrNED~--rT971-c
48 § 10; 1969 ex.s. c 223 § 28A.28.010.
Prior:
1919 c 151 § 1; RRS § 4906.
Formerly RCW 28.28.010.] Repealed by 1973
c 51 § 4.
28A.28.020
!TTENQANC~
QNTIL ~IGHTEEN
REQ![IR@--EXCEPTlQNS~
( 1969 ex. s. c 223 §
28A.28.020. Prior:
1919 c 151 § 2; RRS §
4907. Formerly RCW 28.28.020.]
Repealed
by 1973 c 51 § 4.
~~RLOYMEN! PEEtliT.§.==~liQ MA!
AND FORM- 11 EMPLOYMENT" DEFINED~--c1971 c-48
11; 1969 ex.s.-c 223
§ 28A.28.030. Prior: 1919 c 151 § 3; RRS
§ 4908.
Formerly RCW 28.28.030, 28.28.010
and 28.28.040.]
Repealed by 1973 c 51 §
4.
28A.28.030
APPLY--BASIS
§
28A.28.050
QUTIE.§. OF EMPLOYERS~ (1969
ex.s. c 223 § 28A.28.050. Prior:
1919 c
151
§ 4;
RRS § 4909.
Formerly RCW
28.28.050.] Repealed by 1973 c 51 § 4.
28A.28.060
li~£QEQ.§.
AND REPORT OF PER~ ( 1969 ex.s.
c i23 §28A.28.060:
Prior:
1919 c 151 § 5; RRS § 4910.
Formerly RCW 28.28.060.] Repealed by 1973
c 51 § 4.
28A.28.070
~STABLISHME!!L
CO!!DU£! Qf
PART TIME .§.£HOQ1~
[ 1969 ex.s. c 223 §
28A:"28:07o. Prior:
1927 c 181 § 1;
1919
c 151 § 6;
RRS § 4911. Formerly RCW
28.28.070, 28.28.080.] Repealed by 1973 c
51 § 4.
[ 165 ]
28!.28.090
COMMON SCHOOL PROVISIONS
--------------------------------------------------------28!.28.090
COQRQI!!l!NG fOUNCIL IQ ES=
RULES AND REGULATION§..L f.Qltll~.:.
TABLISH
[1969-ex.s~c-223 § 28A.28.090.
Prior:
1919 c 151 § 11; RRS § 4916. Formerly RCW
28.28.090.] Repealed by 1973 c 51§ 4.
pertaining to the amendment of RCW 28!.41.130 was subsequently amended and superseded by 1973 ex.s. c 195 §§ 9, 137, 138
and 139).
Chapter 28A. 34
NURSERY SCHOOLS
ATTENQAN~
AT PA~I
TI~]
~~OOLS
REQYIRED-EX~IIQM2-PENALTl
illl]ST lillENT ~ GUAllDIA].:. [ 1969 ex.s. c
28!.28.100
223 § 28!.28.100.
Prior:
1919 c 151 § 7;
RRS § 4912,
Formerly RCW 28.28.100.)
Repealed by 1973 c 51 § 4.
28A.28.110
EMR!JEER2 11!§1: !LLOW ~CH001
ATTENDANCE-PENALTY.
[1969 ex.s. c 223 §
2AA:28."11o~-Prioi:- 1919 c 151 § 9; RRS §
4914.
Formerly RCW 28.28.110.] Repealed
by 1973 c 51 § 4.
28A.28.120
~NFORCEM]]I
OF ATTENDANCE.
[ 1969 ex.s. c 223 § 28A.28:1"20.--Prior:
1919 c 151 § 13; RRS § 4918.
Formerly RCW
28.28.120.] Repealed by 1973 c 51 § 4.
28A.28.130
!TTEND!!CE
!! ~!RT IIM~
g,H001 fQUNI]Q !~ HOQ.R~ Qf LABOR .f.Qll
~TAI].L
f~Q~~!1
LAW.
[1969 ex.s. c 223 §
28!.28.130.
Prior:
1919 c 151 § 8; RRS §
4913.
Formerly RCW 28.28.130.] Repealed
by 1973 c 51 § 4.
28A.28.140
REIMBUll~]NT
QX ]Xi~.:.
[1969 ex.s. c 223 § 28A.28.140.
Prior:
1927 c 181 § 2; 1919 c 151 § 12; RRS §
4917. Formerly RCW 28.28.140.]
Repealed
by 1973 c 51 § 4.
Chapter 28A. 31
HEALTH MEASURES
28!.31.050
!I§Y!1 !!Q !QQIIQ~l 2~=
ING
OF PUPILS--RULES AND li]QQ1!IIONS.L
FO.BM USED IN -SCREENING~ !1112IID.!!TION.:.
The superintendent of public instruction
shall print and distribute to appropriate
school officials the rules and regulations
adopted by the state board of health
pursuant to RCW 28A.31.030 and the recommended records and forms to be used in
making
and reporting such screenings.
(1973 c 46 § 1. Prior:
1971 c 48 § 12;
1971 c 32 § 4;
1969 ex.s.
c 223 §
28A.31.050; prior: 1941 c 2C2 § 3; RRS §
4689-3.
Formerly RCW 28.31.050.]
~fiabilit.Y= 1971 £ .!±.§.:.
"If any provision of this 1973 amendatory act, or its
application to any person or circumstance
is held invalid, the remainder of the act,
or the application of the provision to
other persons or circumstances is not
affected." [1973 c 46 § 5.] This applies
to RCW 28A.31.050 and the repeal of RCW
28A.88.070
(sections 2 and 3 of 1973 § 46
[
28A.34.050
]STAB~~]!
!!!1 MAINTENA!£~ DISCRE!!Q]All!.:. Every board of--di:
rectors shall have power to establish,
equip and maintain nursery schools and/or
provide before-and-after-school care for
children of working parents, in cooperation with the federal government or any of
its agencies, when in their judgment the
best interests of their district will be
subserved thereby.
[1973 1st ex.s. c 154
§ 45;
1969 ex.s. c 223 § 28A.34.050.
Prior:
1943 c 220 § 5; Rem. Supp. 1943 §
5109-5. Formerly RCW 28. 34.050. ]
.§~~gbj,li!.Y==.1U1 1st ~.!.:.~ £ 154.:,
note following RCW 2.12.030.
See
Chapter 28A. 41
CURRENT STATE SCHOOL FUND--SCHOOL DISTRICT
REIMBURSEMENT PROGRAMS
28A.41.130
!NNQA~
DIST~!IQH
Ql
fQ@.§ ~CORQ1NG TO ~EIGHTE!1 ENRO~~]~NT jj.§
AH]MDE!1 BY 1211 1~1 ll.:.2..:. f 195 .§ Jlft.:.
Jl.Qll TERMI]AIIO] !1~ f.Q~ IHI.§ g£I1QM.L
~] MQ%].§ FObb.Q!ING RCW 84.52.041..:.1
From
those funds made available by the legislature for the current use of the common
schools, other than the proceeds of the
state property tax, the state superintendent of public instruction shall distribute annually as provided in RCW 28A.48.010
to each school district of the state
operating a program approved by the state
board of education, an amount which, when
combined with the following revenues, will
constitute an equal guarantee in dollars
for each weighted student enrolled, based
upon one full school year of one hundred
eighty days:
(1)
Eighty-five percent of the amount
of revenues which would be produced by a
levy of fourteen mills on the assessed
valuation of taxable property within the
school district adjusted to twenty-five
percent of true and fair value thereof as
determined by the state department of
revenue's indicated county ratio:
PROVIDED, That in each of the calendar years
1968 and 1969 the funds otherwise distributable under this section to any school
district which is collecting
property
taxes based upon a levy of less than fivesixths of the maximum levy permissible for
the district for such year under RCW
84.52.050 shall be reduced by an amount
equal to the difference between the proceeds of the actual school district tax
levy in the district and the proceeds
166 ]
CURRENT STATE SCHOOL FUND
28!.41.130
-------------------------------------------------------------------------------~-------
which five-sixths of such maximum permissible levy for the district would produce
irrespective of any delinquencies:
PROVIDED, FURTHER, That the funds otherwise
distributable under this section to any
school district for any year other than
the calendar years 1968 and 1969 shall be
reduced by the difference between the
proceeds from the actual school district
tax levy in the district and the amount
the maximum levy permissible for
the
district under RCW 84.52.042 would produce
irrespective of any delinquencies; and
(2)
The receipts from the one percent
tax on real estate transactions which may
be imposed pursuant to chapter 28!.45 RCW:
PROVIDED, That the funds otherwise distributable
under this section to any
school district in any county which does
not impose a tax in the full amount
authorized by chapter 28!.45 RCW shall be
reduced by five percent; and
(3)
Eighty-five percent of the maximum
receipts collectible from the high school
district fund pursuant to chapter 28!.44
RCW; and
(4)
Eighty-five percent of the receipts
from public utility district funds distributed to school districts pursuant to
RCW 54.28.090; and
(5)
Eighty-five percent of the receipts
from federal forest revenues distributed
to school districts pursuant to RCW 36.33.110; and
(6)
Eighty-five percent of the proportion of the receipts from the tax imposed
pursuant to RCW 82.04.291 upon harvesters
of timber equal to the proportion that the
millage rate for the regular property tax
levy for such school district pursuant to
RCW 84.52.042 bears to the
aggregate
millage rate for all property tax levies
for such school district, both regular and
excess; and
(7)
Eighty-five percent of such other
available revenues as the superintendent
of public instruction may deem appropriate
for
consideration
in computing state
equalization support. [1973 1st ex.s. c
195 § 136; 1971 ex.s. c 294 § 19; 1969 c
138 § 2; 1969 ex.s. c 223 § 28!.41.130.
Prior:
1967 ex.s. c 140 § 3; 1965 ex.s.
c 171 § 1; 1965 ex.s. c 154 § 2; prior:
CU 1949 c 212 § 1, part; 1945 c 141 § 4,
part; 1923 c 96 § 1, part; 1911 c 118 § 1,
part;
1909 c 97 p 312 §§ 7-10, part; Rem.
Supp. 1949 § 4940-4, part.
(ii)
1949 c
212 § 2, part; 1945 c 141 § 5, part; 1909
c 97 p 312 §§ 7-10, part; Rem. Supp.
1949
§ 4940-5, part.
Formerly RCW 28.41.130.]
28!.41.130
ANNUAL
QIST~IBUTION
QI
I.!!]DS h~f.Q].QING .!Q ~E;.IQHT].Q E.EBQ1LME.El ~
!MENDED ~.! 1.211 JST £;,!~~ f 1.2.2 .§ .1.ll1..:.
(EFFECTI!] QNTIL JA.lli!~.! h illhl From
those funds made available by the legislature for the current use of the common
1973 RCW SUPP.
schools, other than the proceeds of the
state property tax, the superintendent of
public instruction shall distribute annually as provided in RCW 28!.48.010 to each
school district of the state operating a
program approved by the state board of
education an amount which,
when combined
with the following revenues, will constitute an equal guarantee in dollars for
each weighted pupil enrolled, based upon
one full school year of one hundred eighty
days, except that for kindergartens one
full school year may be ninety days as
provided by RCW 28!.58.180:
(1)
Eighty-five percent of the amount
of revenues which would be produced by a
levy of seven mills on the
assessed
valuation of taxable property within the
school district adjusted to fifty percent
of true and fair value thereof as determined by the state department of revenue's
indicated county ratio:
PROVIDED, That
the funds otherwise distributable under
this section to any school district for
any year shall be reduced by the difference between the proceeds from the actual
school district tax levy in the district
and the amount the maximum levy permissible for the district under RCW 84.52.042
as now or hereafter amended would produce
irrespective of any delinquencies; and
(2)
The receipts from the one percent
tax on real estate transactions which may
be imposed pursuant to chapter 28A.45 RCW:
PROVIDED, That the funds otherwise distributable
under this section to any
school district in any county which does
not impose a tax in the full amount
authorized by chapter 28A.45 RCW shall be
reduced by five percent; and
(3)
Eighty-five percent of the receipts
from public utility district funds distributed to school districts pursuant to
RCW 54.28.090; and
(4)
Eighty-five percent of the receipts
from federal forest revenues distributed
to school districts pursuant to RCW 36.33• 110; and
(5)
Eighty-five percent of the proportion of the receipts from the tax imposed
pursuant to RCW 82.04.291 upon harvesters
of timber equal to the proportion that the
millage rate for the regular property tax
levy for such school district pursuant to
RCW 84.52.042 as now or hereafter amended
bears to the aggregate millage rate for
all property tax levies for such school
district, both regular and excess; and
(6)
Eighty-five percent of such other
available revenues as the superintendent
of public instruction may deem appropriate
for
consideration
in computing state
equalization support. ( 1973 1st ex.s. c
195 § 137;
1973 c 46 § 2. Prior:
1972
ex.s. c 124 § 1; 1972 ex.s. c 105 § 2;
1971 ex.s. c
294 § 19; 1969 c 138 § 2;
1969 ex.s. c 223 § 28!.41.130;
prior:
1967 ex.s. c 140 § 3; 1965 ex.s. c 171 §
1; 1965 ex.s. c 154 § 2; prior:
{i)
1949
c 212 § 1, part; 1945 c 141 § 4, part;
1923 c 96 § 1, part; 1911 c 118 § 1, part;
1909 c 97 p 312 §§ 7-10, part; Rem. Supp.
[ 167 ]
28!.41.130
COMMON SCHOOL PROVISIONS
------------------------------------------------------------------------------19149 § 14940-4, part..
(ii) 19q9 c 212 § 2,
part;
1945 c 141 § 5, part; 1909 c 97 p
312 §§ 7-10, part; Rem. Supp. 1949 § 49405, part. Formerly RCW 28.41.130.)
~tltlahili1Y!=illg£tiyg .Q&lg§. and 1~=
natio!! ~~~Q!l§1~ction=.!273 .12.1 g~~.§~
£ .195~ See notes f~llowing RCW 84.52.043.
28!.41.130
ANNUAL
DISTRIBUTION
QI
TI!lfDS !~CORDING IQ WEIGHt~!2 ENRObLMENT .{!~
!lrn!RED gi .1~73 !~I ~!~h £ ll.2 .§ ll!ll.~
lAMENDMENI ~II~£IIVE ~BQ!li! !L 1974,1
From those funds made available by the
legislature for the current use of the
common schools, other than the proceeds of
the state property tax, the superintendent
of public instruction shall distribute
annually as provided in RCW 28A.48.010 to
each school district of the state operating a program approved by the state board
of education an amount which, when combined with the following revenues, will
constitute an equal guarantee in dollars
for each weighted pupil enrolled, based
upon one full school year of one hundred
eighty days, except that for kindergartens
one full school year may be ninety days as
provided by RCW 28A.58.180:
(1)
Eighty-five percent of the amount
of revenues which would be produced by a
levy of eight mills on the
assessed
valuation of taxable property within the
school district adjusted to fifty percent
of true and fair value thereof as determined by the state department of revenue's
indicated county ratio:
PROVIDED, That
the funds otherwise distributable under
this section to any school district for
any year shall be reduced by the difference between the proceeds from the actual
school district tax levy in the district
and the amount the maximum levy permissible for the district under RCW 84.52.042
as now or hereafter amended would produce
irrespective of any delinquencies; and
(2)
The receipts from the one percent
tax on real estate transactions which may
be imposed pursuant to chapter 28A.45 RCW:
PROVIDED, That the funds otherwise distributable
under this section to any
school district in any county which does
not impose a tax in the full amount
authorized by chapter 28A.45 RCW shall be
reduced by five percent; and
(3)
Eighty-five percent of the receipts
from public utility district funds distributed to school districts pursuant to
RCW 54.28.090; and
(4)
Eighty-five percent of the receipts
from federal forest revenues distributed
to school districts pursuant to RCW 36.33.110; and
{5)
Eighty-five percent of the proportion of the receipts from the tax imposed
pursuant to RCW 82.04.291 upon harvesters
of timber equal to the proportion that the
millage rate for the regular property tax
levy for such school district pursuant to
RCW 84.52.042 as now or hereafter amended
bears to the aggregate millage rate for
all property tax levies for such school
district, both regular and excess; and
(6)
Eighty-five percent of such other
available revenues as the superintendent
of public instruction may deem appropriate
for
consideration
in computing state
equalization support. [ 1973 1st ex.s. c
195 § 138;
1973 c 46 § 2. Prior:
1912
ex.s. c 124 § 1; 1972 ex.s. c 105 § 2;
1971 ex.s. c 294 § 19; 1969 c 138 § 2;
1969 ex.s. c 223 § 28A.41.130;
prior:
1967 ex.s. c 140 § 3; 1965 ex.s. c 171 §
1; 1965 ex.s. c 154 § 2; prior:
(i)
1949
c 212 § 1, part; 1945 c 141 § 4, part;
1923 c 96 § 1, part; 1911 c 118 § 1, part;
1909 c 97 p 312 §§ 7-10, part; Rem. Supp.
1949 § 4940-4, part.
(ii) 1949 c 212 § 2,
part;
1945 c
141 § 5, part; 1909 c 97 p
312 §§ 7-10, part; Rem. supp. 1949 § 49405, part.
Formerly RCW 28.41.130.]
a~rability=~£1ill ~~ ~!!.Q 1g,mi_:
!!.ai!Qn dates--Con§1£Uction--191l 1st gz~.§~
£ 1fu See notes following RCW 84.52.043.
28A.41.130
!]]]!1
DISTRIBUTION
Q!
FUpDS ACCORDIP§ TO WEI§liTEQ ENRObb~~! JA~
M~.NDED BY 1~1.J ~! ~.:. £ j95
.§ 11.21.~
JA~ENDMENT
~f:FECT.ll]; ~QLY 1L lll!±.:..l (SE~.:
TIQli EFFE£1:!.!~ Ql!Tib J.!J!ll.ll
1975.l
lL
From those funds made available by the
legislature for the current use of the
common
schools, the superintendent of
public instruction shall distribute annually as provided in RCW 28A.48.010 to each
school district of the state operating a
program approved by the state board of
education an amount which,
when combined
with the following revenues, will constitute an equal guarantee in dollars for
each weighted pupil enrolled, based upon
one full school year of one hundred eighty
days, except that for kindergartens one
full school year may be ninety days as
provided by RCW 28A.58.180:
(1)
Ninety percent of the amount of
revenues which would be produced by a levy
of eight mills on the assessed valuation
of taxable property within the school
district adjusted to fifty percent of true
and fair value thereof as determined by
the state d~partment of revenue's indicated county ratio:
PROVIDED, That the funds
otherwise distributable under this section
to any school district for any year shall
be reduced by the difference between the
proceeds from the actual school district
tax levy in the district and the amount
the
maximum levy permissible for the
district under RCW 84.52.042 as now or
hereafter amended would produce irrespective of any delinquencies; and
(2)
The receipts from the one percent
tax on real estate transactions which may
be imposed pursuant to chapter 28A.45 RCW:
PROVIDED, That the funds otherwise distributable
under this section to any
school district in any county which does
not impose a tax in the full amount
authorized by chapter 28A.45 RCW shall be
reduced by fiv·e percent; and
[ 168 ]
28A. 41.170
CURRENT STATE SCHOOL FUND
--------------------------------------------------------------------------------------(3)
Ninety percent of the receipts from
public utility district funds distributed
to school districts pursuant to RCW 54.28.090; and
(4)
Ninety percent of the receipts from
federal forest revenues distributed to
school districts pursuant to RCW 36.33.110; and
(5)
Ninety percent of the proportion of
the receipts from the tax imposed pursuant
to RCW 82.04.291 upon harvesters of timber
equal to the proportion that the millage
rate for the regular property tax levy for
such
school district pursuant to RCW
84.52.042 as now or hereafter amended
bears to the aggregate millage rate for
all property tax levies for such school
district, both regular and excess; and
(6)
Ninety percent of such other available revenues as the superintendent of
public instruction may deem appropriate
for
consideration
~n
computing state
equalization support.
[1973 1st ex.s. c
195 § 139;
1973 c 46 § 2. Prior:
1972
ex.s. c 124 § 1; 1972 ex.s. c 105 § 2;
1971 ex.s. c 294 § 19; 1969 c 138 § 2;
1969 ex.s. c 223 § 28A.41.130; prior:
1967 ex.s. c 14C § 3; 1965 ex.s. c 171 §
1; 1965 ex.s. c 154 § 2; prior:
(i)
1949
c 212 § 1, part; 1945 c 141 § 4, part;
1923 c 96 § 1, part; 1911 c 118 § 1, part;
1909 c 97 p 312 §§ 7-10, part; Rem. Supp.
1949 § 4940-4, part.
(ii) 1949 c 212 § 2,
part; 1945 c 141 § 5, part; 1909 c 97 p
312 §§ 7-10, part; Rem. Supp. 1949 § 49405, part. Formerly RCW 28.41.130.]
(2)
One hundred percent of the receipts
from public utility district funds distributed to school districts pursuant to
RCW 54.28.090; and
(3)
One hundred percent of the receipts
from federal forest revenues distributed
to school districts pursuant to RCW 36.33.110; and
(4)
One hundred percent of such other
available revenues as the superintendent
of public instruction may deem appropriate
for
consideration
in computing state
equalization support.
Notwithstanding any other provision of
this chapter, the state shall guarantee to
school districts an amount of money from
state and local funds, not less than
ninety-five percent of the average amount
per enrolled student,
excluding special
levies, which any such district realized
from state and local funds during the
preceding three school years. [1973 2nd
ex.s. c 4 § 1; 1973 1st ex.s. c 195 § 9;
1973 c 46 § 2.
Prior:
1972 ex.s. c 124 §
1; 1972 ex.s. c 105 § 1; 1971 ex.s. c 294
§ 19;
1969 c 138 § 2; 1969 ex.s. c 223 §
28A.41.130; prior:
1967 ex.s. c 140 § 3;
1965 ex.s. c 171 § 1; 1965 ex.s. c 154 §
2; prior:
(i) 1949 c 212 § 1, part;
1945
c 141 § 4, part; 1923 c 96 § 1, part; 1911
c 118 § 1, part; 1909 c 97 p 312 §§ 7-10,
part; Rem. Supp.
1949 § 4940-4, part.
(ii) 1949 c 212 § 2, part; 1945 c 141 § 5,
part;
1909 c 97 p 312 §§ 7-10, part; Rem.
Supp. 1949 § 4940-5, part.
Formerly RCW
28 • 41 • 13 0. ]
~gyg£S~i1i1Y==Effectiy~ §sig§ sn§ 1~±~i=
nation dates--Construction--1973 1st ex.s.
£ 12~~ -see-llotes-tollowing Rcw-a4~5z:o43~
~~erqen£Y
sQQ effective dates--1973
ex.s.
c ~~
84:52.043.
28A.41.130
ANNUAL
~JSTRJBUTION
Q!
!££Q]QJNG !Q ~lgBT~Q ~BBQ1LM~~I 1!~
MIEND~~
~I
J..273 2NQ ~ ~ ~ .§ 11~
JUIDJDMEN! EFFECTI,U JANO!]I 1.L 121.2~1
From those funds made available by the
legislature for the current use of the
common
schools, the superintendent of
public instruction shall distribute annually as provided in RCW 28A.48.010 to each
school district of the state operating a
program approved by the state board of
education an amount which, when combined
with the following revenues, will constitute an equal guarantee in dollars for
each weighted pupil enrollea, oased upon
one full school year of one hundred eighty
days, except that for kindergartens one
full school year may be ninety days as
providgd by RCW 28A.58.180:
(1)
The receipts from the one percent
tax on real estate transactions which may
be imposed pursuant to chapter 28A.45 RCW:
PROVIDED, That the funds otherwise distributable under this section to
any
school district in any county which does
not impose a tax in the full amount
authorized by chapter 28A.45 RCW shall be
reduced by five percent; and
see--not~s--followlng
1n§
RCW
IQ~DS
1973 RCW SUPP.
28A.41.170
~TATE
~UPERlliigliQ~NT
~!I
]ULES !!iQ JiEGULATIONS~ The supenntendent of public instruction shall have
the power and duty to make such rules and
regulations
as are necessary for the
proper administration of this chapter not
inconsistent with the provisions thereof,
and in addition to require such reports as
may be necessary to carry out his duties
under this chapter:
PROVIDED, That the
superintendent of public instruction shall
have the authority to make rules and
regulations allowing school districts to
receive state apportionment moneys
as
provided
in RCW 28A.41.130 when said
districts are unable to fulfill the requirements of a full school year of one
hundred eighty days due to an unforeseen
emergency caused by fire, flood, explosion, storm, earthquake,
epidemic, tiot,
insurrection, community disaster, or act
of God. [1973 1st ex.s. c 78 § 1;
1972
ex.s. c 105 § 4; 1971 c 46 § 1; 1969 ex.s.
c 3 § 2; 1969 ex.s. c 223 § 28A.41.170.
Prior:
1965 ex.s.
c 154 § 6.
Formerly
RCW 28.41.170.]
.M!S.~
[ 169 ]
28A.41.180
COMMON SCHOOL PROVISIONS
--------------------------------------------------------------------------------------Chapter 28A.57
ORGANIZATION AND REORGANIZATION OF SCHOOL
DIST ftiCT S
28A.41.180
,MIM]QRSEM]]l .fQB SU].§TI,:
U: EMPl&ll] §.ER,ll.§ §.!ATE Jm.ARD Q,B
§.QfERINTENDEN~
If the superintendent of
public instruction or the state board of
education, in carrying out their powers
and duties under Title 28A RCW, request
the service of any certificated employee
of a school district upon any committee
formed for the purpose of
furthering
education within the state, or within any
school district therein, and such service
would result in a need for a school
district to employ a substitute for such
certificated employee during such service,
payment for such a substitute may be made
by the superintendent of public instruction from funds appropriated by the legislature for the current use of the common
schools and such payments shall be construed as amounts needed for state support
to the common schools under RCW 28!.41.050.
If such substitute is paid by the
superintendent of public instruction, no
deduction shall be made from the salary of
the certificated employee. In no event
shall a school district deduct from the
salary of a certificated employee serving
on such committee more than the amount
paid the substitute employed by the district. (1973 1st ex.s. c 3 § 1.]
I!!!~
28A.57.230
JOINT SCHOOL DISTRICTS-DEFI!~Q=-D~§.IG!!TIQN~ Any--school--district
composed of territory lying in more than
one county shall be known as a joint
school district, and shall be designated
by number in accordance with rules and
regulations promulgated under RCW 28A.04.130. [ 1973 c 47 § 1; 1969 ex.s. c 223 §
28A.57.230. Prior:
1947 c 266 § 25; Rem.
supp. 1947 § 4693-44; prior:
1909 c 97 p
264 § 6; RRS § 4699; prior:
1897 c 118 §
13. Formerly RCW 28.57.230.)
,2§.!§ll.!2ili:t.Y=1211 £ !!_7: "If any provision of this 1973 amendatory act, or its
application to any person or circumstance
is held invalid, the remainder of the act,
or the application of the provision to
other persons or circumstances is not
affected." [1973 c 47 § 6.] This applies
to RCW 28A.57.230, 28A.57.240, 28A.57.250,
28A.57.255, and 28A.57.260.
28A.57.240
JOINT
§.CHQOL QI~1El£1~==
QB AQ~Q§.I~!I QI JOl!I Ql~IBlfl§.==
PROCEDURE GENERALLY.
The duties in this
chapterimposedupon-and required to be
performed by a county committee and by an
intermediate school district superintendent in connection with a change in the
organization and extent of school districts and/or with the adjustment of the
assets and liabilities of school districts
and with all matters related to such
change or adjustment whenever territory
lying in a single county is involved shall
be performed jointly by the county committees and by the superintendents of the
several intermediate school districts as
required whenever territory lying in more
than one county or intermediate school
district is involved:
PROVIDED, That a
county committee may designate three of
its members, or two of its members and the
intermediate school district superintendent, as a subcommittee to serve in lieu
of the whole committee, but action by a
subcommittee shall not be binding unless
approved by the whole committee of the
county.
Proposals for changes in the
organization and extent of school districts and proposed terms of adjustment of
assets and liabilities thus prepared and
approved shall be submitted to the state
board by the county committee of the
county in which is located the part of the
proposed or enlarged district having the
largest number of common school pupils
residing th~rein. [ 1973 c 47 § 2;
1969
ex.s. c 176 § 131;
1969 ex.s. c 223 §
28A.57.240. Prior:
1947 c 266 § 26; Rem.
Supp.
1947
§
4693-45.
Formerly RCW
28.57.240.)
~HA!GE
28A.41.210
ALLQ£!TION.§~~l!l~Qtt
~.:
.Q!!IMll!TS.!.
J.l!IFECTl!l! Q!TI1. ~ANUARY 1-L
j97~l
Notwithstanding any other provision of this chapter, the state shall
guarantee to school districts an amount of
money from state and local funds, not less
than ninety-five percent of the average
amount per enrolled student,
excluding
special levies, which any such district
realized from state and local funds during
the preceding three school years.
[1973
2nd ex.s. c 4 § 2; 1973 1st ex.s. c 195 §
152. ]
§.~~ability _]ff§£.1iE .Q.s.1§.2 gnd j;ermi.:
nation da tes-construction-1973 1st ex. s.
19 5~ seen'OtestOIIOwi
8 r:5 2T43:
ng'Rcw
£
Eme~§ll£Y ~nd
gl.!..§.!.
£
~
effective dates--1973
see--notes--rOIIowing
lllQ
RCW
84.52.043.
Chapter 28A.48
APPORTIONMENT TO DISTRICTS--DISTRICT ACCOUNTING
28A.48.110
~BJ]Q1JON Qf .§IATE Rli2f.:
l i ! PROCEEDS.!. [ 1972 ex.s. C 124 §
10; 1971 ex.s. c 100 § 2; 1969 ex.s. c 223
§ 28!.48.110.
Prior:
1967 ex.s_. c 140 §
1.
Formerly RCW 28.48.110.] Repealed by
1973 1st ex.s. c
195 § 133, effective
January 31, 1974.
~ID
.§gyg£ability--Eff~ti!§
nuion
£ 195:
dat§.§ .sl!Q t.!rrmi.:
gg_.1~=~Q1lstru£:t.i2!!=12I1
1§1
~~
SeveraQility==1211 £
lowing RCW 28A.57.230.
See notes following RCW 84.52.043.
[
170
]
~7:
See note
fol-
ORGANIZATION AND REORGANIZATION OF SCHOOL DISTRICTS
28A.57.312
--------------------------------------------------------------------------------------28A.57.250
~Q!!l
.HINISTRAIION=~QQNT!
SCHOOL Ql§l~~==]~=
TO .!!!!!£!! JO!!l ~~!!QQ,t
.Ql§U!CT ~ON~.U,I~ED !§ IDJ.t.Q!GI~ For all
purposes essential to the maintenance,
operation, and administration
of
the
schools
of a district, including the
apportionment of current state and county
school funds, the county in which a joint
school district shall be considered as
belonging shall be as designated by the
state board of education. Prior to making
such
designation, the state board of
education shall hold at least one public
hearing on the matter, at which time the
recommendation of the joint school district shall be presented and, in addition
to such recommendation, the state board
shall consider the following prior to its
designation:
(1)
service needs of such district;
(2)
Availability of services:
(3)
Geographic location of district and
servicing agencies; and
(4)
Relationship to contiguous school
districts. [1973 c 47 § 3; 1969 ex.s. c
223 § 28A.57.250.
Prior: 1947 c 266 §
27; Rem. Supp. 1947 § 4693-46.
Formerly
RCW 28.57.250. J
§evg~~ility==!273
c
~1~
See note fol-
lowing RCW 28A.57.230.
28A.57.255
JOIN!
~tlQQb
DI§TRICTS-=
SPECIAL RULES FOR ELECTORS VOTING !Q~
niRECioRs--oR-INTERMEoiATi scHoo1-nrsTRicT
BOARD--t!~MBE'iis:-The-registered voters
residing within a joint school district
shall be entitled to vote on the office of
school director of their district and on
the office of their intermediate school
district board member.
Jurisdiction of any such election shall
rest with the county auditor of the county
administering such joint district as provided in RCW 28A.57.250.
At each general election, or upon approval of a request for a special election
as provided for in RCW 29.13.020, such
county auditor shall:
(1)
See that there shall be at least
one polling place in each county;
(2)
At least twenty days prior to the
elections concerned, certify in writing to
the superintendent of the school district
the number and location of the polling
places established by such auditor for
such regular or special elections; and
(3)
Do all things otherwise required by
law for the conduct of such election.
It is the intention of this section that
the qualified electors of a joint school
district shall not be forced to go to a
different polling place on the same day
when other elections are being held to
vote for school directors of their district and members of the intermediate
school district board of education concerned with their school district.
[1973
c 47 § 4 ;
1 9 6 9 ex • s • c 17 6 § 13 3 ; 19 6 9
ex.s. c 223 § 28A.57.255. Prior:
1961 c
130 § 23. Formerly RCW 28.57.255.]
1973 RCW SUPP.
§_gyggbili:U=1973 f
lowing RCW 28A.57.230 •
~li.
See note
fol-
28A.57.260
~QINT
REfiQ].§=-V!~A.NCI~.!.
§f!!001 DI§I~!fl§==~I=
A vacancy in the
office of director of a joint district
shall be filled in the manner provided by
RCW 28A.57.326 for filling vacancies, such
appointment to be valid only until a
director is elected and qualified to fill
such vacancy at the next regular district
election. [ 1973 c 47 § 5; 1971 c 53 § 3;
1969 ex.s. c 176 § 134; 1969 ex.s. c 223 §
28A.57.260. Prior:
1947 c 266 § 28; Rem.
Supp.
1947
§ 4693-47.
Formerly RCW
28.57.260.]
§g~n!!i1iiY==J.273
£ ~li.
See note
fol-
lowing RCW 28A.57.230.
28A.57.312
TERMS--NUMBER.
DIRECTORS--ELECTIONS-The--governing board of-a
~hQ;I-a:Istrict shall be known as the
board of directors of the district.
Unless otherwise specifically provided,
as in RCW 29.13.060, members of a board of
directors shall be elected by ballot by
the registered voters of the school district and shall hold office for a term of
four years and until their successors are
elected and qualified.
Terms of school
directors shall be staggered, and insofar
as possible, not more than a majority of
one shall be elected to full terms at any
regular election. In case a member or
members of a board of directors are to be
elected to fill an unexpired term or
terms, the ballot shall specify the term
for which each such member is to be
elected.
Except for a school district of the
first class having an enrollment of fifty
thousand pupils or more in class
AA
counties which shall have a board of
directors of seven members, the board of
directors of every school district of the
first class or school district of the
second class shall consist of five members. The board of directors of a school
district of the third class shall consist
of three members. [1973 2nd ex.s. c 21 §
1;
1969 c 131 § 8; 1969 ex.s. c 223 §
28A.57.312. Prior: 1957 c 67 § 1; 1955 c
55 § 11; 1947 c 266 § 10; Rem. Supp. 1947
§ 4693-29; prior:
1909 pp 289, 290 §§
1,2; RRS §§ 4790, 4791.
Formerly RCW
28.57.338, 28.58.080.]
~gygrabiliU==ll73
2nd ex.s. c 21: "If
any provision of this 1973-amendatory act,
or
its application to any person or
circumstance is held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected." [1973 2nd ex.s. c 21
§ 11.] This applies to RCW 28A.57.312,
28A.57.342, 28A.57.344,
28A.57.357, 28A.57.358, 28A.57.425, 28A.57.435,
29.21.180, 29.21.210 and 29.21.230.
[ 171 ]
28A.57.31+2
COMMON SCHOOL PROVISIONS
~--------------------------------~---------------------------------------------------
28A.57.31+2
DIRECTORS'
~121RICTS
1]
C~IH
SCHOO~-oJSTRlCTS--SUBMITTAL Qf
PROPOSITIO~~FORMATIO~ELECTION-.---When­
~ver--an--election--shall-~-held for the
purpose of securing the approval of the
voters for the formation of a new school
district that, if formed, will be
a
district of the first or second class
other than a school district of the first
class having an enrollment of fifty thousand pupils or more in class AA counties,
if requested by one of the boards of
directors of the school districts affected,
there shall also be submitted to the
voters at the same election a proposition
to
authorize the county committee to
divide the school district, if formed,
into directors• districts. such director
districts in second class districts, if
approved, shall not become effective until
the regular school election following the
next regular school election at which time
a new board of directors shall be elected
as provided in RCW 28A.57.328. Such director districts in first class districts, if
approved, shall not become effective until
the next regular school election at which
time a new board of directors shall be
elected as provided in RCW 28!.57.355,
28A.57.356, and 28A.57.357. Each of the
five directors shall be elected from among
the residents of the respective director
district by the electors of the entire
school district.
[1973 2nd ex.s. c 21 §
2; 1971 c 67 § 2;
1969 ex.s.
c 223 §
28!.57.342.
Prior:
1959 c 268 § 4.
Formerly RCW 28.57.342.]
2~~abili,1.Y=....Jill ~nd ~~ £
note following RCW 28!.57.312.
lli
See
28!.57.344
~l~QB2~
~121RICT§
1]
f.ru!TAIN 2fHO.Q1 ~ISTR1f!§~1£!£:r10N 1.Q AU=
THORIZE DIVISION IN SCHOOL DISTRICTS NOT
ALR,f;jDY .QIVI]:ED JNT.Q-DIRECT.QB~~-]ISTRICT2~
The board of directors of every first and
second class school district other than a
school district of the first class having
an enrollment of fifty thousand pupils or
more in class AA counties which is not
divided
into directors• districts may
submit to the voters at any regular school
district election a proposition to authorize the county committee to divide the
district into directors• districts. If a
majority of the votes cast on the proposition shall be affirmative, the county
committee shall proceed to divide the
district into directors• districts.
Such
director districts, if approved, shall not
become effective until the next regular
school election when a new five member
board of directors shall be elected, one
from each of five director districts from
among the residents of the respective
director district by the electors of the
entire district, two for a term of two
years and three for a term of four years,
unless such district elects its directors
for six years, in which case, one for a
term of two years, two for a term of four
years, and two for a term of six years.
[1973 2nd ex.s. c 21 § 3; 1971 c 67 § 8;
Prior:
1969 ex.s. c 223 § 28A.57.344.
1959 c 268 § 3. Formerly RCW 28.57.344.]
~gEgbili!I==.1273
2n£ §.!..!.£~ f £!;.
note following RCW 28A.57.312.
28A.57.357
OF IN FIRST
~lR£!£~==NUMB~li
!HQ
See
I]R~2
CLAS§ DI§,TI.U£.1:2 ~QNT,A1]1]Q
MOR~THA~ONE FORMER FIRST CLASS DISTRICT.
upon the-establishien~of -a--new--schooi
district of the first class as provided
for in RCW 28!.57.342 containing more than
one
former first class district, the
directors of the largest former first
class district and three directors representative of the other former first class
districts selected by a majority of the
board members of the former first class
districts and two directors representative
of former second class districts selected
by a majority of the board members of
former second class districts and one
director representative of former third
class districts selected by a majority of
the board members of former third class
districts shall meet at the call of the
intermediate school district superintendent and shall constitute the board of
directors of the new district. Vacancies
once such a board has been reconstituted
shall not be filled unless the number of
rema~n~ng
board members is less
than
seven, and such vacancies shall be filled
in the manner otherwise provided by law.
Each board of directors so constituted
shall proceed at once to organize in the
manner prescribed by law and thereafter
shall have all of the powers and authority
conferred by law upon boards of first
class districts until the next regular
~chool election and until their successors
are elected and qualified.
At such election other than districts electing directors for six-year terms as provided in RCW
29.13.060, five directors shall be elected
either at large or by director districts,
as the case may be, two for a term of two
years and three for a term of four years.
At such election for districts electing
directors for six years other than districts
having an enrollment of fifty
thousand pupils or more and
electing
directors for six year terms, five directors shall be elected either at large or
by director districts, as the case may be,
one for a term of two years, two for a
term of four years, and two for a term of
six years. [1973 2nd ex.s. c 21 § 10;
1973 c 19 § 1; 1971 c 67 § 5.]
severability==J273 ~n£ §.!..!.£~ f £1;.
note following RCW 28A.57.312.
See
28A.57.358
DIRECTORS--NUMBER AND TERMS
OF IN NEW FIRs~-cLASS--DISTRICT--HAVING
ENROLLMENT OF-50~QOO IN CLASS AA fQQNTI~~~
Upon the establishment of a new school
district of the first class having an
[ 172 ]
28A.57.435
ORGANIZATION AND REORGANIZATION OF SCHOOL DISTRICTS
--------------------------------------------------------------------------------------enrollment of fifty thousand pupils or
more in class AA counties, the directors
of the largest former first class district
and three directors r~presentative of the
other former first class districts selected by a majority of the board members of
the former first class districts and two
directors representative of former second
class districts selected by a majority of
the board members of former second class
districts and one director representative
of former third class districts selected
by a majority of the board members of
former third class districts shall meet at
the call of the intermediate school district superintendent and shall constitute
the board of directors of the new district. Each board of directors so constituted shall proceed at once to organize in
the manner prescribed by law and thereafter shall have all the powers and duties
conferred by law upon boards of first
class districts, until the next regular
school election and until their successors
are elected and qualified.
Such duties
shall include establishment of new director districts as provided for in RCW
28A.57.425. At the next regular school
election seven directors shall be elected
by director districts, two for a term of
two years, two for a term of four years
and
three for a term of six years.
Thereafter their terms shall be as provided in RCW 29.13.060.
Vacancies once such a board has been
reconstituted shall not be filled unless
the number of remaining board members is
less than seven, and such vacancies shall
be filled in the manner otherwise provided
by law. [1973 2nd ex.s. c 21 § 4; 1971 c
equal population requirement above.
No
person shall be eligible for the position
of school director in any such director
district unless such person resides in the
particular director district.
Residents
in the particular director district desiring to be a candidate for school director
shall file their declarations of candidacy
for such director district and for the
position of director in that district and
shall be voted upon in the primary election by the registered voters of that
particular director district: PROVIDED,
That if not more than one person files a
declaration of candidacy for the position
of school director in any director district, no primary election shall be held
in that district, and such candidate's
name alone shall appear on the ballot for
the director district position at the
general election. The name of the person
who receives the greatest number of votes
and the name of the person who receives
the next greatest number of votes at the
primary for each director district position shall appear on the general election
ballot under such position and shall be
voted upon by all the registered voters in
the school district.
Except as provided
in RCW 28A.57.435, every such director so
elected in school districts divided into
seven director districts shall serve for a
term of six years as otherwise provided in
RCW 29.13.060. [1973 2nd ex.s. c 21 § 5;
1969 c 131 § 9. Like section formerly RCW
28 • 57. 4 2 5. ]
~gyg~~iliii==1~1J
lng
g!~~
note following RCW 28A.57.312.
£
£1~
See
67 § 6.]
2nd ~§~ £ 21;
note following RCW 28A.57.312.
~~ability--197J
See
QIBECTQj§!
QJ§!jiC!§
I!
QISTRICTS ]AV!]Q EFROLLMENT Ql
.2~QQ.Q !.!i CLA_g !! ~QQNTJ]~=J2QQNDAjiES-z
DIR,ETOR J;!.FDI,MTE gJ.giBI~J!.!=DECLARA.:
TIO.!i Ql. Q.FDIDACY-PRII'I!.R! illi!n
IQ
!.Q!M~
!l!HI.!i ll§l!UCT=JiHE!i !iQ PRII'Ill.!_-=
!~MS Ql. QIRECTORS.
Notwithstanding any
other provision of law, school districts
of the first class having an enrollment of
fifty thousand pupils or more in class AA
counties shall be divided into
seven
director districts.
The boundaries of
such director districts shall be established by the members of the school board
and approved by the county committee on
school district organization, such boundaries to be established so that each such
district shall comprise, as nearly as
practicable, an equal portion of
the
population of the school district. Boundaries of such director districts shall be
adjusted by the school board and approved
by the county committee after each federal
decennial
census if population change
shows the neea thereof to comply with the
28A.57.425
ll]~ ~~jSS
1973 RCW SUPP.
[
28A.57.435
QIRECTORS~
Q!STBJ~Ia
IN
FIRST CLASS DISTRICTS HAVING ENROLLMENT OF
IN s;1:iss !! coQ!iTIJ~ -INII!ii: QJ.§=
!jJ~!
~OUNDAjllS-Afi.QJNT]l!]I~
IQ
IIL1
VACANCIES FOR NEW DIRECTOR DISTRICTS-DIBECTOR-DI§IB~1 iuMB~Bs.--within--thirt¥
days after March 25, 1969, the school
boards of school districts of the first
class having an enrollment of fifty thousand pupils or more in class AA counties
shall
establish the director district
boundaries and obtain approval thereof by
the county committee on school district
organization.
Appointment of a
board
member to fill any vacancy existing for a
new director district prior to the next
regular school election shall be by the
school board. Prior to the next regular
election in the school district and thP.
filing of declarations of candidacy therefor,
the incumbent school board shall
designate said director districts by number.
Directors appointed to fill vacancies as above provided shall be subject to
election, one for a six-year term, and one
for a two-year term and thereafter the
term of their respective successors shall
be for six years. The term of office of
incumbent members of the board of such
district shall not be affected by RCW
so:Qoo
173 ]
28A.57.~35
COMMON SCHOOL PROVISIONS
--------------------------------------------------------------------------------------28A.57.312, 28A.57.336,
28A.57.~25,
28A.57.435, 29.21.180, 29.21.210 and 29.21.230. (1973 2nd ex.s. c 21 § 6;
1969 c
Like section formerly RCW
131 § 10.
28.57.426.]
~~erability--1973 2nd ~~ £
note following RCW 28A.57.312.
1Jl
2; Rem. Supp. 1943 §
28.58.270.]
~706-2.
Formerly RCW
cross Reference:
Nonprofit meal program for elderly--Purpose: RCW 28!.58. 720.
See
28!.58.247
Chapter 28A. 58
PROVISIONS APPLICABLE TO ALL SCHOOL DISTRICTS
EDUCATION
PRO-
or any other law, rule, or regulation, any
school district is authorized to provide
community education programs in the form
of instructional,
recreational
and/or
service
programs
on a noncredit and
nontuition basis, excluding fees for supplies, materials, or instructor costs, for
the purpose of stimulating the full educational potential and meeting the needs of
the district's residents of all ages, and
making the fullest use of the district's
school facilities:
PROVIDED, That such
programs shall be consistent with rules
and regulations promulgated by the state
superintendent of public instruction governing cooperation between common schools,
community college districts, and other
civic and governmental organizations which
shall have been developed in cooperation
with the state board for community college
education and shall be programs receiving
the approval of said superintendent: PROVIDED FURTHER, That no state funds appropriated to the common schools or the
superintendent
of public instruction's
office shall be used to begin new community education programs or expand existing
community education programs. [1973 c 138
28A.58.115
DIRECTORS--ASSOCIATED ~=
Q.ruf! BO.QlES=.EQ]~RS A@ ,!ll;~gON.§illbiT~
AFFECTING.
As used in this section, an
"associated student body" means the formal
organization of the students of a school
formed with the approval of and regulation
by the board of directors of the school
district in conformity to the rules and
regulations promulgated by the superintendent of public instruction.
The superintendent of public instruction, after consultation with appropriate
school organizations and students, shall
promulgate rules and regulations to designate the powers and responsibilities of
the boards of directors of the school
districts of the state of washington in
developing efficient administration,
management, and control of moneys, records,
and reports of the associated student
bodies organized in the public schools of
the state. (1973 c 52§ 1.]
28A.58.136
QIR]f!Q~=-LUN£HRQ~==~=
TABLISHMENT AND QPEB!.IIQ!_~~NEL FOR~
The--directors- of any school district may
establish, eguip and operate lunchrooms in
school buildings for pupils, certificated
and noncertificated employees, and for
school or employee functions:
PROVIDED,
That the expenditures for food supplies
shall not exceed the estimated revenues
from the sale of lunches, federal lunch
aid, Indian education fund lunch aid, or
other anticipated revenue, including donations, to be received for that purpose:
PROVIDED FURTHER, That the directors of
any school district may provide for the
use of kitchens and lunchrooms or other
facilities in school buildings to furnish
meals to elderly persons at cost
as
provided in RCW 28!.58.722. Operation for
the purposes of this section shall include
the employment and discharge for sufficient cause of personnel necessary for
preparation of food or supervision of
students during lunch periods and fixing
their compensation, payable from the district general fund,
or entering
into
agreement for the preparation and service
of food by a private agency. [1973 c 107
§ 2;
1969 ex.s. c 223 § 28!.58.136.
Prior~
(i) 1947 c 31 § 1; 1943 c 51§ 1;
1939 c 160 § 1; Rem. Supp. 1947 § 47Q6-1.
Formerly RCW 28.58.260.
(ii) 1943 c 51
§
[
COMMUNITY
GRAMS--RESTRICTIONS:----Notwithstanding~he
prOViSions-Dt-Rcw-~aB.50.250,
28B.50.530
§ 1.
J
1IABILII1~
Lif]~
M]AL!B~
~IDENT~
Q~~I1ITY
!]~
IM~RANf~
AUTBQ]l~~12=RBEMIQ~~~
28!.58.420
HEA1!M
CAR~L
~!1AB1
The board of directors of any of the
state's school districts may make available liability~ life, health, health care,
accident, disability and salary protection
or insurance or any one of, or a combination of the enumerated types of insurance,
or any other type of insurance or protec•
tion, for the members of the boards of
directors, the students, and employees of
the school district, and their dependents.
Whenever funds shall be available for
these purposes the board of directors of
the school district may contribute all or
a part of the cost of such protection or
insurance
for the employees of their
respective school districts and
their
dependents. The premiums on such liability
insurance shall te borne by the school
district.
The premiums due on such protection or insurance shall be borne by the
assenting school board member or student.
All contracts for insurance or protection
written to take advantage of the provisions of this section shall provide that
the beneficiaries of such contracts may
utilize on an egual participation basis
174
]
PROVISIONS APPLICABLE TO ALL SCHOOL DISTRICTS
28A.58.515
--------------------------------------------------------------------------------------the services of those practitioners licensed pursuant to chapters 18.22, 18.25,
18.53, 18.57 and 18.71 RCW.
(1973 1st
ex.s. c 9 § 1; 1971 ex.s. c 269 § 2; 1971
c 8 § 3; 1969 ex.s. c 237 § 3; 1969 ex.s.
c 223 § 28A.58.420. Prior:
1967 c 135 §
2, part; 1959 c 187 § 1, part.
Formerly
RCW 28.76.410, part.]
28A.58.423
1I~Il! INSURAN~] !Q~ Q!=
FICIALS AND EMPLOYEES AUTHORIZED.
The
board-of directors-0£-each-schOOi-district
may purchase liability insurance with such
limits as they may deem reasonable for the
purpose of protecting their officials and
employees against liability for personal
or bodily injuries and property damage
arising from their acts or omissions ~hile
performing or in good faith purporting to
perform their official duties.
(1973 c
125 § 1. ]
28A.58.450
ADVERSE CHANGE IN CONTRACT
STATUS OF CERTiFICATEDEMPLOYEE--NOTIC~
gBQBA]1E-~A]~j=_]EARINQ -QECIS!ON~---Every
board of directors determining that there
is probable cause or causes for a teacher,
principal, supervisor, superintendent, or
other certificated employee, holding a
position as such with the school district,
hereinafter referred to as "employee", to
be discharged or otherwise adverseiy affected in his contract status,
shall
notify such employee in writing of its
decision, which notification shall specify
the probable cause or causes for such
action. such notices shall be served upon
that employee personally, or by certified
or registered mail, or by leaving a copy
of the notice at the house of his or her
usual abode with some person of suitable
age and discretion then resident therein.
Every such employee so notified, at his or
her request made in writing and filed with
the chairman of the board or secretary of
the board of directors of the district
within ten days after rece~v~ng
such
notice, shall be granted opportunity for
hearing to determine whether or not there
is sufficient cause or causes for his or
her discharge or other adverse action
against
his contract status.
In the
request for hearing, the employee may
request either an open or closed hearing.
The board upon receipt of such request
shall call the hearing to be held within
ten days following the receipt of such
request, and at least three days prior to
the date fixed for the hearing shall
notify such employee in writing of the
date, time and place of the hearing.
The
hearing shall be open or closed as requested by the employee, but if
the
employee fails to make such a request, the
board or its hearing officer may determine
whether the hearing shall be open or
closed.
The board may employ as a hearing
officer any person not currently employed
by the district to conduct on its behalf
any hearing required by this section, who
1973 RCW SUPP.
[
shall transmit to the board a record of
the proceedings together with his recommended findings of fact and conclusions of
law, and an advisory recommended decision
for the board's final disposition.
The
board or its hearing officer may reasonably regulate the conduct of the hearing.
The employee may engage such counsel and
produce such witnesses as he or she may
desire.
The board of directors, within
ten days following the conclusion of such
hearing, shall notify such employee in
writing of its final decision.
Any decision to discharge or to take other adverse
action against such employee shall be
based solely upon the cause or causes for
discharge specified in the notice
of
probable cause to the employee and established by a preponderance of the evidence
at the hearing to be sufficient cause or
causes for discharge or other adverse
action against his contract status.
In the event any such notice or opportunity for hearing is not timely given by
the district, or in the event cause for
discharge or other adverse action is not
established by a preponderance of the
evidence at the hearing, such employee
shall not be discharged or
otherwise
adversely affected in his contract status
for the causes stated in the original
notice for the duration of his or her
contract.
If such employee does not request a
hearing as provided herein, such employee
may be discharged or otherwise adversely
affected as provided in the notice served
upon the employee. [1973 c 49 § 1; 1969
ex.s. c 34 § 13;
1969 ex.s. c 223 §
28A.58.450.
Prior:
1961 c 241 § 2.
Formerly RCW 28.58.450.]
28A.58.515
DIRECT JUDICIAL APPEALS IN
LI]!! OF .!!]!RINGS g'ROVIDED-U RCW i8i.ss=
.450 AND 28A.67.070. In lieu of requesthearing
before the board of
directors or its designated hearing officer pursuant to the provisions of RCW
28A.58.450 and 28A.67.070, an employee may
elect to appeal the action of the board
directly to the superior court of the
county in which the school district is
located by serving upon the clerk of the
school board and filing with the clerk of
the superior court a notice of appeal
within ten days after receiving the notification of the action of the board.
The
notice of appeal shall set forth in a
clear and concise manner the action appealed from.
The superior court shall
determine whether or not there was sufficient cause for the action of the board of
directors and shall base its determination
solely upon the cause or causes stated in
the notice of the employee.
The appeal
provided in this section shall be conducted in the same manner as appeals provided
in
RCW 28A.58.470 through 28A.S8.500.
(1973 c 49 § 3; 1969 ex.s. c 34 § 18.
Like section formerly RCW 28.58.515.]
I;g- -a-
175 ]
28A.58.700
COMMON SCHOOL PROVISIONS
------------------------------------------------28!.58.700
STUDENT FINANCIAL
ASSIS=
TANCE PROGRAM_:DEFINITIONs:--As used in
RCW--28A:o~137 and -28A:58.7CO
through
28A.58.707:
(1)
"Approved elementary school" shall
mean a public or private school carrying
out any or all of grades one through eight
and approved by the state board of education as provided in RCW 28A.04.120 (4).
(2)
"Accredited secondary school" shall
mean a public or private school carrying
out any or all of grades nine through
twelve and accredited by the state board
of education as provided in RCW 28!.04.120
( 4) •
(3)
"Needy student" shall mean a student accepted at or attending an approved
elementary or accredited secondary school
who demonstrates to the state hoard of
education the financial inability of such
student's family to meet the total cost of
supplies,
books, tuition, and incidental
and other fees for any school term.
Board
and room may be considered by the state
board of education as a factor in financial inability only in those cases where
living apart from the family is deemed
necessary for the educational advancement
of the student.
(4)
"Disadvantaged student" shall mean
a student attending an approved elementary
or accredited secondary school who by
reason of adverse cultural, educational,
environmental, experimental, familial, or
other circumstances is deemed by the state
board of education as being highly probable of not continuing in the school the
student is enrolled in either on a part or
full time basis, without financial assistance. ( 1973 c 81 § 2.)
:§~~ility
1ill £ .§.l.i. "If any provision of this 1973 act, or its application
to any person or circumstance is held
invalid, the remainder of the act, or the
application of the provision to other
persons or circumstances is not affected."
[1973 c 81 § 9.]
This applies to RCW
28!.04.137, 28A.58.700,
28A.58.701,
28A• 58.703,
28!.58.704,
28A.58.706
and
28A.58.707.
28A.58.701
STQQENI
FINANCIAL ASSISTANCE PROGRAM--CRITERIA F~~~IABLISHING
NEED-LHiiTS--ONGRANTS. The state board
o~e~ation ~hill-determine and establish
criteria for ascertaining the financial
need of the individual applicant.
In
making this determination the state board
of education shall consider the following:
(1)
Assets and income of the student;
(2)
Assets and income of the parents or
the individuals legally responsible for
the care and maintenance of the student;
(3)
The cost of attending the school
the student is attending or planning to
attend; and
(4)
All other criteria deemed relevant
to the state board of education.
The amount awarded by the state board of
education to any one student in any one
[
school year shall not exceed the financial
gap between the budgetary cost of attending an approved elementary school
or
accredited secondary school in the state
of washington and the family and student
contribution:
PROVIDED, That the maximum
state grant of financial assistance shall
not exceed in any one school year, including summer sessions, the sum of three
hundred dollars per secondary student and
one hundred dollars per elementary student:
PROVIDED FURTHER, That no student
shall be granted financial assistance to
attend a private school unless the financial assistance required from the state,
after other scholarship grants and loans
are deducted, is three hundred dollars per
year or less per secondary student and one
hundred dollars per year or less per
elementary student: AND PROVIDED FURTHER,
That a substantial portion, and in any
event not less than twenty-five percent of
the students receiving assistance under
the authority granted in RCW 28!.04.137
and 28!.58.700 through 28!.58.707, shall
be students attending the public schools.
(1973 c 81 § 3.]
Severabili!.1~1973 £ §.l.i.
lowing RCW 28A:58.700.
See note
fol-
28!.58.703
:§IY~NT
FINANCIAb
~~
TANCg PROGRM ~IORIT! ]!SI2=!b#. FUNDS
DISBURSED. The state board of education
shallmake awards to needy and disadvantaged students on a priority basis by
ranking the qualified applicants according
to financial need and such other considerations as deemed appropriate and within
the purposes of RCW 28A.04.137 and 28!.58.700 through 28A.58.707 by the state board
of education. Awards shall be granted to
the highest ranked students until tQe
total amount of funds allocated for this
purpose are disbursed. [1973 c 81 § 4.]
~§~llli.!i!.Y
J273 c .!ll.i.
lowing RCW 28A.58.700 •
See note fol-
28A.58.704
§TUDENT
r!!AN£IA& Assi~=
TANCE PROGRAM--DISCRIMINATORY
PRACTICES
Pi0ii1 siTED.'___ nl'student-financi'ai-aid
shall be granted by the state board of
education without regard to the applicant's race, creed, color, marital status,
religion, sex, or ancestry. ( 1973 c 81 §
5. ]
.§~rability
1973 £
lowing RCW 28!.58.700.
28!.58.706
STUDENT
~l.i.
See note
fol-
FI!A!£!!1
ASSIS§.IF~L BEQUY!~ UQ
DEVISES AUTHORIZED FOR. The state board
of education-shall be-iuthorized to accept
grants, gifts, beguests, and devises of
real and personal property from any source
and to sell or otherwise dispose of the
same for the purpose of granting financial
mg PROGRAM_ GRANTh
176 )
PROVISIONS APPLICABLE ONLY TO 2ND & 3RD CLASS DISTRICTS 28A.60.210
--------------------------------------------------------------------------------------aid in addition to that
state. (1973 c 81 § 6.]
~~~&gQ!liti=--1211
funded
c §1~
by
the
See note fol-
lowing RCW 28A.58.700.
28A.58.707
~I]~]MI
1IN!!f1!1 !~~=
I~ ~R02~!~~Q~] Qf Q~] Q1 AW!B]~~
A
state financial aid recipient under RCW
28A.04.137 and 28A.58.700 through 28A.58.707 shall apply the award solely toward
the cost of supplies, books, tuition,
incidental and other fees or such other
authorized expenditures as the state board
of education shall deem proper, subject to
denial of further financial aid for any
such recipient not so doing. (1973 c 81 §
7. ]
~gy~sQili!I=-_197] £
lowing RCW 28!.58.700.
28A.58.720
§1~
See note
fol-
~Q~~ROfii ~]!1
f£QGRAH FO£
The legislature finds
that many elderly persons suffer dietary
deficiencies and malnutrition due to inadequate financial resources, immobility,
lack of interest due to isolation and
loneliness, and characteristics of the
aging
process, such as physiological,
social, and psychological changes which
result in a way of life too often leading
to feelings of rejection, abandonment, and
despair. There is a real need as a matter
of public policy to provide the elderly
citizens with adequate nutritionally sound
meals, through which their isolation may
be penetrated with the company and the
social contacts of their own. It is the
declared purpose of RCW 28A.58.136, 28A.58.720 and 28A.58.722 to raise the level
of dignity of the aged population where
their remaining years can be lived in a
fulfillment equal to the benefits they
have bestowed, the richness they have
added, and the great part they have played
in the life of our society and nation.
[1973 c 107 § 1.]
]~ER1X==fY£fOSE~
28!.58.722
NONPROFIT MEAL PROGRAM
ELDERLY--AUTHORIZED--RESTRICTIONS:---
FO£
The
bOird-ot-directars-of~ny-schoor--district
may establish or allow for the establishment of a nonprofit meal program for
feeding elderly persons residing within
the area served by such school district
using school facilities, and may authorize
the extension of any school food services
for the purpose of feeding elderly persons, subject to the following conditions
and restricticns:
( 1)
The charge to such p-ersons for- each
meal shall not exceed the actual cost of
such meal to the school.
(2)
The program will utilize methods of
administration which will assure that the
maximum number of eligible individuals may
1973 RCW SUPP.
[
have an opportunity to participate in such
a program, and will coordinate, whenever
possible, with the local area agency on
aging.
(3) Any nonprofit meal program established pursuant to RCW 28A.58.136, 28A.58.720 and 28A.58.722 may not be operated so
as to interfere with the normal educational process within the schools.
(4) No school district funds may be used
for the operation of such a meal program.
(5) For purposes of RCW 28A. 58. 136, 28A.58.720 and 28A.S8.722, "elderly persons"
shall mean persons who are at least sixty
years of age. (1973 c 107 § 3.J
28A.58.730
Q~PO~!I Qf fQMULAI!!~ 1QI!1
Q£: ]ARNI!Q~ Qf Q]QUP Qf ]~fLOYE]~==hUT.!!.Q.=
RIZED--CONDITIONS.
Any school district
authorized-to-draw and issue their own
warrants may deposit the cumulative total
of the net earnings of any group of
employees in one or more banks within the
state such group or groups may designate,
to be credited to the individuals composing such groups, by a single warrant to
each
bank so designated or by other
commercially acceptable methods:
PROVIDED, That any such collective authorization
shall be made in writing by a minimum of
twenty-five employees or ten percent of
the employees, whichever is less. [1973 c
111§5.]
~~!~£SQi!iti==J21J
£
following RCW 28A.60.328.
111•
--..!.So
See
note
Chapter 28A.60
PROVISIONS APPLICABLE ONLY TO SECOND AND
THIRD CLASS DISTRICTS
28A.60.210
~gJ001
fROtl£IX .Y.SED PO£
PU]t_IC PURPQ.§ll.§=.§EECI!1 TIAT] fQ~1USS!QM
TO ~AS~ ON f1!NS~ Plans of any second or
third class district or combination of
districts for the carrying out of the
powers granted by RCW 28A.60.190 through
28A.60.220 shall be submitted to
and
approved by a board of supervisors composed of members, as follows: The superintendent of public instruction; the head
of the extension department of Washington
State University; the head of the extension department of the University
of
Washington; and the intermediate school
district superintendent; these to choose
one member from such county in which the
facilities are proposed to be located, and
two members,
from the district or districts concerned. ( 1973 1st ex.s. c 154 §
46;
1971 c 48 § 37; 1969 ex.s. c 223 §
28A.60.210. Prior: 1913 c 129 § 3; RRS §
4839. Formerly RCW 28.63.210.]
~~!§£abi1i1I==J273
1§1
§!~~ f
note following RCW 2.12.030.
177 ]
12~~
See
28A.60.328
COMMON SCHOOL PROVISIONS
--------------------------------------------------------------------------------------28A.60.328
DRAWING ~]] I~SUANCE
Q!
!U!!M!IT~==gs;oN] - .A!!.Q 1!!1BQ CLASS ~.=
1]1£!~
Second and third class school
districts, subject to the approval of the
superintendent of public instruction,
may
draw and issue warrants for the payment of
moneys upon approval of a majority of the
board of directors,
such warrants to be
signed by the chairman of the board and
countersigned by the secretary: PROVIDED,
That when, in the judgment of the board of
directors, the orders for warrants issued
by the district monthly shall have reached
such numbers that the signing of each
warrant by the chairman of the board
personally imposes too great a task on the
chairman, the board of directors, after
auditing
all payrolls and bills,
may
authorize the issuing of one
general
certificate to the county treasurer, to be
signed by the chairman of the board,
authorizing said treasurer to pay all the
warrants specified by date, number,
name
and amount, and the funds on which said
warrants shall be drawn; thereupon the
secretary of said board shall be authorized to draw and sign said orders for
warrants.
Accounts and the records of second and
third class school districts drawing and
issuing warrants as provided in
this
section shall at all times be subject to
the inspection and examination of the
intermediate school district superintendent, whose duty it shall be, annually, to
examine said records and check said accounts, and report in writing to the
proper board of county commissioners the
nature and state of said accounts, and any
facts that may be required concerning said
records. [ 1973 c 111 § 1.]
Prior:
1911 c 78 § 1, part; RRS
Formerly RCW 28.66.010.]
§~gbiJ.iil=.llTI
£ lll.A.
following RCW 28A.60.328.
See
4864.
note
28A.66.040
!]QITQ~
IQ DRAW !]Q ~Q~
~!BRANTST7S~COND
ANQ !HI.BQ 1;1!§~
QI~=
!]~~
The county auditor shall draw and
issue warrants for the payment of all
salaries, expenses and accounts against
second and third class districts,
except
those who draw and issue their own warrants pursuant to RCW 28A.60.328, upon the
written order of the majority of the
members of the school board of
each
district.
[1973 c 111 § 3; 1969 ex.s. c
223 § 28!.66.040. Prior:
1909 c 97 p 308
§ 3; RRS § 4859.
Formerly RCW 28.66.040.]
§everabilit:t==J273
£
following RCW 28A.60.328.
1111
See
note
28!.66.050
TEACHER nY~I QUAL!!! !ND ~~
UNQE!! fQNTRACI .J2EFOSE .!!.A!i.M.HI Q!!AWN .A!Q
~mw2
OR l!EQISTER.@:=li1 ]l~!.Ii!Q~~ No
warrant shall be drawn and issued or
registered by the county auditor for the
payment of any teacher who is not qualified within the meaning of the law of this
state. [1973 c 72 § 1; 1971 c 4-8 § 45;
1969 ex.s. c 223 § 28A.66.050.
Prior:
1909 c 97 p 308 § 4; RRS § 4860.
Formerly
RCW 28.66.050.]
Chapter 28A. 67
TEACHERS--GENERAL PROVISIONS
28!.67.070
fQ]DITION~ !]Q £QN11!~1;TS Ql
EMPLOYMENT--NONRENEWAL OF CONTRACTS.
No
teacher:--principai:--superviSOr:-superintenaent, or other certificated employee,
holding a position as such with a school
district, hereinafter referred to as "employee",
shall be employed except by
written order of a majority of the directors of the district at a regular or
special meeting thereof, nor unless he is
the
holder of an effective teacher's
certificate or other certificate required
by law or the state board of education for
the position for
which the employee is
employed.
The board shall make with each employee
employed by it a written contract, which
shall be in conformity with the laws of
this state, and limited to a term of not
more than one year. Every such contract
shall be made in triplicate, one copy to
be retained by the school district superintendent or secretary, one copy to be
retained, after having been approved and
registered,
by the intermediate school
district superintendent, and one copy to
be delivered to the employee thereafter.
No contract shall be offered by any board
nor approved and registered by the intermediate school district superintendent for
~.§.!.2.£.Sl1i:1i:.:!::t=-1211
g llli
"If any provision of ~his 1973 amendatory act, or its
application to any person or circumstance
is held invalid, the remainder of the act,
or the application of the provision to
other persons or circumstances is not
affected."
[1973 c 111 § 6.]
This
applies to RCW 36.22.090,
28A.58.730,
28!.60.328, 28A.66.010 and 28!.66.040.
Chapter 28A.66
SCHOOL DISTRICT WARRANTS, AUDITOR'S DUTIES
RELATING TO
28A.66.010
REGISTERING
WARRANTS--ALL
DISTRICTS.
The-county-auditor-shall-reg=
~-rn-his own office, and present to
the treasurer for registration in the
office of the county treasurer,
all warrants of first class districts, and all
warrants of second and t-hird class districts electing to draw and issue their
own warrants under RCW 28A.60.328,
received from school district superintendents or
district
secretaries
before
delivery of the same to claimants. (1973
c 111 § 2; 1969 ex.s. c 223 § 281.66.010.
[
§
178
J
NEGOTIATIONS BY CERTIFICATED PERSONNEL
28A. 72.100
--------------------------------------------------------------------------------------the employment of any teacher who has
previously signed a contract to teach for
that same term in another school district
of the state of washington unless such
teacher shall have been released from his
obligations under such previous contract
by the board of directors of the school
district to which he was obligated.
Any
contract signed in violation of
this
prov~s~on shall be void.
Every board of directors
determining
that there is probable cause or causes
that the employment contract of an employee should not be renewed by the district
for the next ensuing term shall notify
that employee in writing on or before
April 15th preceding the commencement of
such term of that determination of the
board of directors,
which notification
shall specify the cause or causes for
nonrenewal of contract. such notice shall
be served upon the employee perso~ally, or
by certified or registered mail, or by
leaving a copy of the notice at the house
of his or her usual abode with some person
of suitable age and discretion then resident therein. Every such employee
so
notified, at his or her request made in
writing and filed with the chairman or
secretary of the board of directors of the
district within ten days after receiving
such notice, shall be granted opportunity
for hearing to determine whether or not
the facts constitute sufficient cause or
causes for nonrenewal of contract. In the
request for hearing, the employee may
request either an open or closed hearing.
such board upon receipt of such request
shall call the hearing to be held within
ten days following the receipt of such
request, and a~least three days prior to
the date fixed for the hearing shall
notify the employee in writing of the
date, time and place of the hearing.
The
hearing shall be open or closed as requested
by the employee, but if the
employee fails to make such a request, the
board or its hearing officer may determine
whether the hearing shall be open or
closed.
The board may employ as 1 hearing officer any person not currently employed by
the district to conduct on its behalf any
hearing required by this section,
who
shall transmit to the board a record of
the proceeding together with his recommended findings of fact and conclusions of
law, and an advisory recommended decision
for the board's final disposition.
The
board or its hearing officer may reasonably regulate the conduct of the hearing.
The employee may engage such counsel and
produce such witnesses as he or she may
desire.
The board of directors, within
ten days following the conclusion of such
hearing, shall notify the employee in
writing of its final decision either to
renew or not to renew the employment of
the employee for the next ensuing term.
Any decision not to renew such employment
contract shall be based solely upon the
1973 RCW SUPP.
[
cause or causes for nonrenewal specified
in the notice of probable cause to the
employee and established by a preponderance of the evidence at the hearing to be
sufficient cause or causes for nonrenewal.
If any such notification or opportunity
for hearing is not timely given by the
district, the employee entitled thereto
shall be conclusively presumed to have
been reemployed by the district for the
next ensuing term upon contractual terms
identical with those which would have
prevailed if his employment had actually
been renewed by the board of directors for
such ensuing term.
[ 1973 c 49 § 2;
1970
ex.s. c 15 § 16. Prior:
1969 ex.s. c 176
§ 143; 1969 ex.s. c 34 § 12; 1969 ex.s.
c
15 § 2; 1969 ex.s. c 223 § 28A.67.070;
prior: 1961 c 241 § 1;
1955 c 68 § 3;
pr~or: (i) 1909 c 97 p 307 § 5; 1897 c 118
§ 55; 1891 c 127 § 14; 1890 p 369 § 37;
1886 p 18 § 47; Code 1881 § 3200; RRS §
4851. (ii) 1943 c 52 § 1, part; 1941 c 179
§ 1, part;
1939 c 131 § 1, part; 1925
ex.s. c 57 § 1, part; 1919 c 89 § 3, part;
1915 c 44 § 1, part; 1909 c 97 p 285 § 2,
part; 1907 c 240 § 5, part; 1903 c
104 §
17, part; 1901 c 41 § 3, part; 1897 c 118
§ 40, part; 1890 p 364 § 26, part;
Rem.
Supp.
1943 § 4776, part.
Formerly RCW
28.67.070.]
Chapter 28A. 72
NEGOTIATIONS BY CERTIFICATED PERSONNEL
28A.72.100
fRI~IR!1~L !SSIST!NT RBI!=
CIPALSL APPLICATION TO. Notwithstanding
the-provisions-o~~apter 28A.72 RCW or
any other law, rule or regulation, school
principals and assistant principals shall
be considered to be certificated employees
unless a majority elect by secret ballot
to be excluded from this definition at an
election conducted pursuant to rules and
regulations of the office of the superintendent of public instruction. Should the
principals and assistant principals within
a school district choose pursuant to this
section to be excluded from the definition
of certificated employee, the provisions
of chapter 28A.72 RCW shall have equal
application to them separately and the
term "certificated employee" as used in
chapter 28A.72 RCW shall be used interchangeably to also refer to principals and
assistant principals: PROVIDED, That negotiations between the employer and the
bargaining representative of the principals and assistant principals shall be
limited in scope to school district policies respecting solely the compensation,
hours of work and the duration of employment contracts,
of principals and assistant principals.
Nothing in this section
shall be construed to annul or modify, or
to preclude the renewal or continuation
of, any lawful agreement heretofore entered into between any school district and
179 ]
28A.72.100
COM~ON
SCHOOL PROVISIONS
------------------------------------------------any representatiYe of
[ ,973 1st ex.s. c 115 §
its
1.]
28B.10.704 Programs for intercollegiate
athletic competition in institutions of higher education-Funds for assistance of student
participants.
28B.10.720 senior college concept, adaptability to state system, review
and report of.
28B.10.822 State student financial aid
program--Commission rules and
regulations.
28B.10.824 State student financial aid
program--Commission, executive
director, employees--Appointment--Salaries.
28B.10.850 Capital improvements, bonds
for--Authorized--Form, terms,
conditions, sale, signatures.
28B.10.851 Capital improvements, bonds
for--Account created, purpose.
28B.10.852 Capital improvements, bonds
for--Bond anticipation notes,
purpose.
28B.10.853 Capital improvements, bonds
for--Bond redemption fund created, purpose--Compelling
transfer of funds to.
28B.10.854 Capital improvements, bonds
for--Legislature may provide
additional means of revenue.
28B.10.855 Capital improvements, bonds
for--As legal investment for
state and municipal funds.
employees.
Chapter 28A. 88
APPEALS FROK ACTION OR NONACTION OF SCHOOL
OFFICIALS AND SCHOOL BOARDS
281.88.070
PROCEDURE AT HEARINGS Q!
AfREA12~ (1971-c-4s-§-sJ;--1969--ex~;.
c
223 § 281.88.070.
Prior:
1927 c 102 § 2;
1909 c 97 p 363 § 5; RRS § 5068. Formerly
RCW 28.88.070.] Repealed by 1973 c 46 § 4
and by 1971 ex.s. c 282 § 44.
TITLE 28B
HIGHER EDUCATION
sections added, amended, or repealed:
~~~~§I ~~1~
~Qll~gg§ ~ Y~iygrsiti~
~al],y~
28B.10.200 Scholarships for foreign stadents at state universities.
28B.10.250 Benefits to children of deceased or totally incapacitated
veterans when attending institutions of higher education.
28B.10.265 Children of certain citizens
missing in acticn or prisoners
of war exempt from fees--Limitations--Procedure.
28B.10.300 Acquisition, construction,
equipping and betterment of
lands, buildings and facilities
at universities and state
colleges.
28B.10.335 Validation of prior bond
issues.
28B.10.400 Annuities and retirement income
plans--Authorized. {Effective
July 1, 1974.)
28B.10.405 Annuities and retirement income
plans--Contributions by faculty
and employees. (Effective July
1, 1974.)
28B.10.410 Annuities and retirement income
plans--Limitation on institutiO-n • s contribution. (Effective
July 1, 1974.)
28B.10.415 Annuities and retirement income
plans--Limitation on annuity or
retirement income plan payment.
(Effective July 1, 1974.)
28B.10.420 Annuities and retirement income
plans--Retirement at age seventy. (Effective July 1, 1974.)
28B.10.423 Annuities and retirement income
plans--Limit on retirement incoae--Adjustment of rates. (Effective July 1, 1974.)
28B.10.510 Attorney general as advisor.
28B.10.660 Liability, l~fe, health, health
care, accident, disability, and
salary insurance or protection
authorized--Premiums--Institutions of higher education.
[
Chg~te£ 28~12
~.2.!.
~Qll~gg g~g ygive£2ii.Y
28B.15.041 "Services and activities fees"
defined.
28B.15.380 Exemption from payment of fees
at universities.
28B.15.385 "Totally disabled" defined for
certain purposes.
28B.15.520 Fees--Waiver of fees for needy
students finishing their high
school education.
28B.15.600 Refunds or cancellation of fees
at universities, state colleges
and community colleges.
Cha:£1g£
28B~lf
Ststg Hisillg: ~du-catiQ~
Pe~§Q~~1 La_h
28B.16.100 Rules and regulations--scope.
28B.16.180 Terminated employee can request
placement on reemployment
list--Reinstated employee entitled to employment rights.
28B.16.230 Unfair labor practices provisions applicable to chapter.
Chgpte£ ~8B.11
High~ ~£l!£atiQ!l. !~!2:.
ta~ Auth.Q£it~
28B.17.010
28B.17.020
28B.17.030
28B.17.040
Authority created.
Purpose of authority.
Definitions.
Board of directors of the
authority.
28B.17.050 Powers of the authority.
-28B.17. 060 -1>urchase of student loans.
180
1
TITLE 28B
DIGEST OF TITLE
--------------------------------------------------------------------------------------28B.17.070 Bonds and notes of the
authority.
28B.17.080 Reserve funds.
28B.17.090 Remedies of bondholders and
noteholders.
28B.17.100 state and municipalities not
liable on bonds and notes.
28B.17.110 Agreement of the state.
28B.17.120 Bonds and notes as legal investments for public officers
and fiduciaries.
28B.17.130 Tax exemption and deductions.
28B.17.140 Moneys of the authority.
285.17.150 Limitation of liability.
28B.17.160 Assistance by state officers,
departments, boards and
commissions.
285.17.170 Annual report.
28B.17.180 court proceedings--Preferences-Venue.
285.17.190 corporate existence.
28B.17.200 Inconsistent provisions of other laws superseded.
28B.17.210 Construction.
fhapt~~ ~~~12
sta~ fiigQ~ ~QY£s1i2n
.!!!~dl.j.§trativ~ g£Q£~dure§ !fh
Ad.::
28B.19.040 Emergency rule or amendment.
28B.19.110 contested cases--Informal procedure-Formal hearing, whenRequest for--Conduct.
28B.19.120 contested cases-Informal procedures--Formal hearings-Notice-Conduct--Record--Scope.
£M:e1ll
~8B.:..~Q
Oniv~£§it.Y
Ql
R~hing1£!l.:..
28B.20.100 Regents-Appointment--Termsvacancies--Quorum.
28B.20.394 Aduitional powers of regents as
to old university grounds-Agreements to pay city and
county for governmental services. (Effective until January
1, 197 4.)
28B.20.394 Additional powers of regents as
to old university grounds-Agreements to pay city and
county for governmental services.
(Amendment effective
January 1, 1974.)
28B.20.412 Children's center for research
and training in mental retardation--Administration--Advisory
committee.
28B.20.456 occupational and environmental
research facility-Advisory
committee.
£M:e1~£
lBB.JQ
Rsshing!Qll
st~
Univgsi.::
n~
28B.30.100 Regents--Appointment-TermsBond.
28B.30.150 Regents--General powers and
duties.
28B.40.100 Trustees--Appointment and term.
1973 RCW SUPP.
[ 181
288.40.361 Exemption of certain veterans
from payment of fees.
fQ~.Qte£ l~.b.2.Q
£Q!!!.!!!.l!l!i ty £Qlleqe !ct
12.§1 JAng £Q.!!!.!!!J!nit_y
2!
coll~g~ §~.::
~!.!.YL.
285.50.030 Definitions.
28B.50.040 Community college districts
enumerated.
28B.50.050 State board for community college education--Created-Members--Appointment-Terms-Qualifications--Per diem and
mileage-Removal.
28B.50.060 Director of the state system of
community colleges--Appointment--Term--QualificationsSalary and expenses--Duties.
28B.50.070 State board for community college education--Organization-Meetings--Quorum--Annual report--Fiscal year.
285.50.090 College board-Powers and duties general! y.
285.50.092 College board-Program for military personnel--Restrictions
as to high school completion
program.
288.50.093 College board-Program for military personnel--Limitation.
285.50.094 College board-Program for military personnel-.-costs of
funding.
288.50.095 College board--Registration at
more than one community college, rules for.
28B.50.100 Community college boards of
trustees-Created--Members--Appointment--Terms--Qualifications--Restrictions on other
service--Chairman, election
of--Seal--Bylaws, rules and
regulations--Quorum--secretary.
28B.50.130 Community college boards of
trustees-Organization--Bylaws,
rules and regulations--Chairman, vice chairman, election
and term--Secretary--Quorum-Annual report--Fiscal year.
28B.50.140 Community college boards of
trustees--Powers and duties.
288.50.170 Coordinating council for occupational education--Members-Appointment--Terms--Qualifications and restrictions as to
governor's appointees--Per diem
and mileage.
28B.50.200 Coordinating council for occupational education--Director of
vocational education--Appointment--Term--Qualifications--Duties--Salary and expenses.
28B.50.551 Leave provisions generally.
28B.50.560 Health care service contracts
or hospitalization contracts to
continue for faculty and nonacademic personnel--Premium payments--Future contracts.
(Repeal effective June 30,
1974.)
]
TITLE 28B
HIGHER EDUCATION
--------------------------------------------------------------------------------------28B.50.570 Pension plans to continue for
faculty and nonacademic personnel--Payments for--Option for
new faculty.
28B.50.570 Pension plans to continue for
faculty and nonacademic personnel--Payments for--Option for
new faculty.
(Repeal effective
July 1, 1974.)
28B.50.571 Faculty, employee, retirement-Old age annuity or retirement
income plans. Rules and regulations.
(Repeal effective
July 1, 1974.)
28B.50.572 Faculty, employee, retirement-Faculty, employee, contributions toward purchase of annuity or retirement income plan.
(Repeal effective July 1,
1974.)
28B.50.573 Faculty, employee, retirement-Maximum state board contribution to~ard purchase of annuity
or retirement income plan.
(Repeal effective July 1,
1974.)
28B.50.574 Faculty, employee, retirement-Mandatory retirement age.
(Repeal effective July 1, 1974.)
28B.50.575 Faculty, employee, retirement-Option to present members of
retirement systems--Rights upon
withdrawal from such systems-Service in public educational
employment upon retirement as
affecting pension rights.
(Repeal effective July 1, l974.)
28B.50.620 Transfer of records, equipment
or property and pending business of abolished agencies or
agencies whose powers and duties transferred--Pending proceedings saved--Completion.
(Repeal effective June 30,
1974.)
28B.50.630 Transfer of records, equipment
or property and pending business of abolished agencies or
agencies whose powers and duties transferred--Orders, rules
and regulations saved-Effective until revoked or modified.
(Repeal effective June 30,
19 74.)
28B.50.650 Transfer of records, equipment
or property and pending business of abolished agencies or
agencies whose powers and duties transferred--Reports required by law to be made to be
performed by successor agencies. (Repeal effective June
30, 1974.)
28B.50.670 Transfer of records, equipment
or property and pending business of abolished agencies or
agencies whose powers and duties transferred--Transfer of
powers and duties, vesting of-Legal effect--Obligations, duties and rights same. (Repeal
effective June 30, 1974.)
28B.50.680 Transfer of records, equipment
or property and pending business of abolished agencies or
agencies whose powers and duties transferred--Teachers and
other employees to continue
performing usual duties until
removed, appointed to other
positions, or further transferred. (Repeal effective June
30, 1974.)
288.50.690 Transfer of appropriations.
28B.S0.700 Transfers from state board of
education to state board for
community college education-Apportionment procedure--Certification of apportionments.
288.50.710 community college special service revolving funds--Disbursement of--Transfer.
28B.50.780 Funds for community colleges
authorized in 1965 act.
28B.50.790 Performance of powers and duties during transitional
period.
28B.50.864 Faculty tenure--Appeal from decision for dismissal~
Procedure.
Chap.t.g!:
~.2~
!!ggQtia.t.io.£§ QY !£ademi£
_fer§2!!~1=~Q.illl!!l!.!!i~ Col.!g~ Dis~
.t.rictg~
28B.52.020 Definitions.
28B.52.030 Negotiation by representatives
of employee organization--Authorized--Subject matter.
28B.52.035 Negotiation~ reduced to written
agreements--Restrictions.
28B.52.060 Advisory committee--Compensation--Report--Recommendations,
effect--Fact-finding and mediation activities.
28B.52.080 Boards to adopt rules and regulations--Request for department
services.
28B.52.200 Chapter's scope limited.
28B. 56.070 Referral to electorate.
note.)
(See
Chapter 28B. 10
COLLEGES AND UNIVERSITIES GENERALLY
Cross Reference:
State employees• insurance
bership: RCW 41.05.020.
board--Mem-
28B.10.200
SCHOLARSHIPS
FOR ~IQ!
STUDENTS AT STAT!:UNIVERSITIEs:--The state
universities shalleachhavethe authority
to award, during each academic year, not
to exceed one hundred scholarships to
students or graduates of universities or
colleges of friendly foreign nations, and
to exempt the recipients thereof from the
payment of tuition, operating and service
[ 182 ]
COLLEGES AND UNIVERSITIES GENERALLY
288.10.300
--------------------------------------------------------------------------------------and activity fees for the scholarship
period.
( 1973 c 62 § 1; 1969 ex.s. c 223
§ 288.10.200.
Prior:
1949 c 55 § 1; 1945
c 236 § 1; Rem. Supp. 1949 § 4543-15.
Formerly RCW 28.76.110. l
~lli!!9.2=.1.El £ .§2:
"Nothing in this
1973 amendatory act shall be construed to
affect any existing right acquired under
the statutes amended or repealed herein or
the term of office or election or appointment or employment of any person elected,
appointed or employed under the statutes
amended or repealed herein." [1973 c 62 §
26. l
~g_yerabili1.I==.197.J £ §1.i.
"If any provision of this 1973 amendatory act, or its
application to any person or circumstance
is held invalid, the remainder of the act,
or the application of the provision to
other persons or circumstances is not
affected." [1973 c 62 § 28.]
The above
annotations apply to RCW 288.10.200, 288.10.250, 288.10.510, 288.10.822, 288.10.824, 288.16.230, 288.20.100, 288.20.412,
288.20.456, 288.30.100, 288.40.100, 288.50.030, 288.50.050,
288.50.060, 288.50,070, 288.50.090, 288.50.100, 288.50.130,
288.50.140, 288.50.170,
288.50.200, 288.50.551, 288.50.570, 288.50.864, and the
repeal
of RCW 288.10.720, 288.50.690,
288.50.700, 288,50.710, 288.50.780
and
288.50.790.
288.10.250
~EN~TS IQ CHI1~£EN Q! ~~=
Q£ TOTAL1I .!NCAP_A.QI!I]Q VETERAN§
WHEN ATTENDING INSTITUTIONS OF
HIGHER
joucAilQ~~----operating--and service--and
activity fees other than tuition, and
board and room, rent and books and supplies to the extent of the appropriation
therefor shall be paid for the use and
benefit of persons attending a
state
institution of higher education who are
not under sixteen and not over twenty-two
years of age, and have for twelve months
had their domicile in the
state
of
washington, and whose parents or one of
them was killed or totally incapacitated
from engaging in any normal employment by
reason of service in the armed forces of
the United States. No tuition fee shall
be charged to any such person by any state
institution of higher education. [1973 c
62 § 2; 1969 ex.s. c 223 § 288.10.250.
Prior:
1947 c 224 § 1; 1939 c 193 § 1;
1937 c 203 § 1; Rem. Supp. 1947 § 10737-4.
Formerly RCW 28.76. 150. l
CEA~]~
~lling~==§~~~£gbi1!1.I==1212
notes following RCW 288.10.200.
288.10.265
£tli~DREN
Q!
c
.21.i.
f~B!!IN
See
CITI=
Ql
ZID!~ Ug.!NG IN ACTION OR PRISQ@RS
.K!!i
~XEMPI
!gQla !~~2_-=:LI MITAIIONS=PROCEDUR].!.
Children of any
person
who
was
a
washington domiciliary and who within the
past eleven years has been determined by
the federal government to be a prisoner of
1973 RCW SUPP.
war or missing in action in Southeast
Asia, including Korea, or who shall become
so hereafter, shall be admitted to and
attend any public institution of higher
education within the state without the
necessity of paying any tuition, operating
fees, and service and activities• fees for
any and all courses offered at any time
including summer term whether attending on
a part time or full time basis: PROVIDED,
That such child shall meet such other
educational qualifications as such institution of higher education shall deem
reasonable and necessary under the circumstances. Affected institutions shall in
their preparation of future budgets include therein costs resultant from such
tuition loss for reimbursement thereof
from appropriations of state funds.
Applicants for free tuition shall provide
institutional
administrative
personnel
with documentation of their rights under
this section. ( 1973 c 63 § 2; 1972 ex.s.
c17§2.]
See
note
288.10.300
A~UISII.!ON~
fQM~IEYf!.!Q!~
j.QQJ;PPINg AlfQ BETTER.,!gNT OF ill~~~ BUij!~=
INGS AND FACILITIES AT UNIVERSITIES AND
sT.A!£; ~:Q1LE.2J~~The-boardsetregents -o'f
the state universities and the boards of
trustees of the state colleges are severally authorized to:
(1)
Enter into contracts with persons,
firms or corporations for the construe•
tion, installation, equipping, repa1r1ng,
renovating and betterment of buildings and
facilities for the following:
(a)
dormitories
(b)
hospitals
(c)
infirmaries
(d)
dining halls
(e)
student activities
(f)
services of every kind for students, including, but not limited to,
housing, employment, registration, financial aid, counseling, testing and offices
of the dean of students
(g)
vehicular parking
(h)
student, faculty and employee hous•
ing and boarding;
{2)
Purchase or lease lands and other
appurtenances necessary for the construction and installation of such buildings
and facilities and to purchase or lease
lands with buildings and facilities constructed or installed thereon suitable for
the purposes aforesaid;
(3)
Lease to any persons, firms, or
corporations such portions of the campus
of their respective institutions as may be
necessary for the construction and installation of buildings and facilities for the
purposes aforesaid and the reasonable use
thereof;
(4)
Borrow money to pay the cost of the
acquisition of such lands and of the
construction, installation, equipping, repairing, renovating, and betterment of
[ 183 ]
288.10.300
HIGHER EDUCATION
--------------------------------------------------------------------------------------such buildings and facilities,
including
interest during construction and other
incidental costs, and to issue revenue
bonds or other evidence of indebtedness
therefor, and to refinance the same before
or at maturity and to provide for the
amortization of such indebtedness from
services and activities fees or from the
rentals, fees, charges, and other income
derived through the ownership, operation
and use of such lands,
buildings, and
facilities and any other dormitory, hospital, infirmary, dining, student activities, student services, vehicular parking,
housing or boarding building or facility
at the institution;
(5)
Contract to pay as rental or othervise the cost of the acquisition of such
lands and of the construction and installation of such buildings and facilities on
the amortization plan; the contract not to
run over forty years;
(6)
Expend on the amortization plan
services and activities fees and/or any
part of all of the fees, charges, rentals,
and other income derived from any or all
revenue-producing lands, buildings, and
facilities of their respective institutions, heretofore or hereafter acquired,
constructed or installed, including but
not limited to income from rooms, dormitories, dining rooms,
hospitals, infirmaries,
housing
or
student
activity
buildings, vehicular parking facilities,
land or the appurtenances thereon, and to
pledge such services and activities fees
andjor the net income derived through the
ownership, operation and use of any lands,
buildings or facilities of the nature
described in subsection (1) hereof for the
payment cf part or all of the rental,
acquisition, construction, and installation, and the betterment, repair, and
renovation
cr other contract charges,
bonds or other evidence of indebtedness
agreed to be paid on account of the
acquisition, construction, installation or
rental of, or the betterment, repair or
renovation of, lands,
buildings, facilities and equipment of the nature authorized by this section. [1973 1st ex.s. c
130 § 1; 1969 ex.s. c 223 § 288.10.300.
Prior:
1967 ex.s. c 107 § 1; 1963 c 167 §
1; 1961 c 229 § 2; prior:
(i) 1950 ex.s.
c 17 § 1, part; 1947 c 64 § 1, part;
1933
ex.s. c 23 § 1, part; 1925 ex.s. c 91 § 1,
part; Rem.
Supp.
1947 § 4543-1, part.
(ii}
1947 c 64 § 2, part; 1933 ex.s. c 23
§ 2, part; 1925 ex.s. c 91 § 2, part; Rem.
Supp.
1947 § 4543-2, part. Formerly RCW
28.76.180.]
288.10.335
VALIDAI!ON Ql PRJ~ ~Q!]
ISSUES.
All terms, conditions, and covenantS;-including the pledges of student
activity fees,
student use fees and student building use fees,
special student
fees or any similar fees charged to all
full time students, or to all students, as
the
case may be, registering at the
[
state's colleges and universities, contained in all bonds heretofore issued to
pay all or part of the cost of acquiring,
constructing
or installing any lands,
buildings, or facilities of the nature
described in RCW 288.10.300 are hereby
declared to be lawful and binding in all
respects. [ 1973 1st ex. s. c 130 § 3.)
28B.10.400
ANNUITIES !!Q
li~l~~
INQU1! PL!!~=AUI.!!QBIZi;]h .UlFEs;.I.I.H ~ill
1L ~~~ The boards of regents of the
state universities, the boards of trustees
of the state colleges, and the state board
for community college education are authorized and empowered:
(1)
To assist the faculties and such
other employees as any such board may
designate in the purchase of old age
annuities or retirement income plans under
such rules and regulations as any such
board may prescribe.
county agricultural
agents, home demonstration agents, 4-H
club agents, and assistant county agricultural
agents
paid
jointly
by
the
washington State University and the several counties shall be deemed to be full
time employees of the washington State
University for the purposes hereof;
(2)
To provide, under such rules and
regulations as any such board may prescribe for the faculty members or other
employees under its supervision, for the
retirement of any such faculty member or
other
employee on account of age or
condition of health, retirement on account
of age to be not earlier than the sixtyfifth birthday: PROVIDED, That such faculty member or such other employee may elect
to retire at the earliest age specified
for retirement by federal social security
law: PROVIDED FURTHER, That any supplemental payment authorized by subsection (3)
of this section and paid as a result of
retirement earlier than age sixty-five
shall be at an actuarially reduced rate;
(3)
To pay to any such retired person
or his surviving spouse, each year after
his retirement,
an amount which, when
added to the amount of such annuity or
retirement income plan received by him or
his surviving spouse in such year, will
not exceed fifty percent of the average
annual salary paid to such retired person
for his highest two consecutive years of
full time service at an institution of
higher education: PROVIDED, HOWEVER, That
if such retired person prior to
his
retirement elected a supplemental payment
survivors option, any such supplemental
paym7n~s
to such retired person or his
surv~v~ng spouse shall be
at actuarially
reduced rates.
[1973 1st ex.s. c 149 § 1;
1971 ex.s. c 261 § 1; 1969 ex.s. c 223 §
288.10.400.
Prior:
1965 c 54 § 2; 1957 c
256 § 1; 1955 c 123 § 1; 1947 c 223 § 1;
1943 c 262 § 1; 1937 c 223 § 1; Rem. supp.
1947 § 4543-11. Formerly RCW 28.76.240.]
Severability-llU 1§j: ex. s. f 1.!!2.:. "If
any provision of this 1973 amendatory act,
184 ]
28B.10.423
COLLEGES AND UNIVERSITIES GENERALLY
--------------------------------------------------------------------------------------or its application to any person
or
circumstance is held invalid, the remainder of the act, or the application of the
prov~s~on to other persons or circumstances is not affected." ( 1973 1st ex.s. c
149 § 9. ]
!.E.E.t2Eiis1i5m--1973 1st ex. s. c 149:
"The sum of $1,611,650 Is-herebyappropri=
ated from the general fund for the purpose
of carrying out this 1973 amendatory act,
to be allocated by the governor to the
institutions of higher education."
[1973
1 st e x. s • c 1 4 9 § 1 0 • ]
J!!~£1iv~ g,gt~197l 1§1 ~~~§~ £ 112~
"This 1973 amendatory act shall
take
effect on July 1, 1974." (1973 1st ex.s.
c 149 § 11.) The above annotations apply
to RCW 28B.10.400, 28B.10.405, 28B.10.410,
28B.10.415, 28B.10.420, 28B.10.423
and
83.20.030 and the repeal of RCW 28B.50.570, 28B.50.571, 28B.50.572, 28B.50.573,
28B.50.574 and 28B.50.575.
28B.10.405
AN!QJ11]~
AN~
~ETI~EMJilil
JNCOMj RbANS--CQM!liJ~QIIONS ]! FACULTY AND
EI'IPLOll£;~~
..(l;FFECTI.!] .ill!1I 1:1974.~
Members of the faculties and such other
employees as are designated by the boards
of regents of the state universities, the
boards of trustees of the state colleges,
or the state board for c6mmunity college
education shall be required to contribute
not
less than five percent of their
salaries during each year of full time
service after the first two years of such
service toward the purchase of such annuity or retirement income plan; such contributions-may be in addition to federal
social security tax contributions, if any.
(1973 1st ex.s. c 149 § 2;
1971 ex.s. c
261 § 2; 1969 ex.s. c 223 § 28B.10.405.
Prior: 1955 c 123 § 2; 1947 c 223 § 2;
Rem. Supp.
1947 § 4543-12. Formerly RCW
28.76.250.]
28B.10.410
ANNUITIES
!liQ ~ETI~EMEN!
1NCOMj RbAN~=-LIMIIDIO~ Q! l!fST]jTUTIO,!!~§
~ONTRllQIION~
1I;llgiVj l!QLY 1.&. 197~~
The boards of regents of the state universities, the boards of trustees of the
state colleges, or the state board for
community college education shall pay not
more than one-half of the annual premium
of any annuity or retirement income plan
established under the provisions of RCW
288.10.400 as amended in section 1, chapter 149, Laws of 1973 1st ex. sess.
Such
contribution shall not exceed ten percent
of the salary of the faculty member or
other employee on whose behalf the contribution is made. This contribution may be
in addition to federal social security tax
contributions made by the boards, if any.
( 1973 1st ex.s.
c 149 § 3; 1971 ex.s. c
1973 RCW SUPP.
261 § 3; 1969 ex.s. c 223 § 28B.10.410.
Prior:
1955 c
123 § 3; 1 94 7 c 22 3 § 3 ;
Rem. Supp. 1947 § 4543-13.
Formerly RCW
28.76.260.]
!MQ
!!!!!Q!I!~§
~~I!]EMENI
PL!!!~=-LJ11IT ATIOJ!
Q] !!!.H.!UI.! Q.S
,BI;IJ.!lli]ijNT l!!~.Q]j PLAN .f!YMEN.I.:.
1.Hf£;~.=
!1!~ ~UL.!
197~~~
The boards of regents
28B.10.415
IN~Qg
1£
of the state universities, the boards of
trustees of state colleges, or the state
board for comnunity college
education
shall not pay any amount to be added to
the annuity or retirement income plan of
any retired person who has served for less
than ten years in one or more of the state
institutions of higher education.
In the
case of persons who have served more than
ten years but less than twenty-five years
no amount shall be paid in excess of four
percent of the amount authorized in subdivision {3) of RCW 288.10.400 as amended in
section 1, chapter 149, Laws of 1973 1st
ex. sess., multiplied by the number of
years of full time service rendered by
such person. (1973 1st ex.s. c 149 § 4;
1971 ex.s. c 261 § 4; 1969 ex.s. c 223 §
28B.10.415. Prior: 1955 c 123 § 4;
1947
c 223 § 4; Rem. Supp. 1947 § 4543-14.
Formerly RCW 28.76.270.)
288. 10.4 20
ANNUITIES
!ND RETIREKE!!!
l!!~Qg fLANS--RETIRE~£i!!I AI AQ£; SEV~HTY~
J]FF~TI!j ~Qb.! 1L 1974.~
Faculty members
or other employees designated by
the
boards of regents of the state universities, the boards of trustees of the state
colleges, or the state board for community
college education pursuant to RCW 28B.10.400 through 28B.10.420 shall be retired
from their employment with their institutions of higher education not later than
the end of the academic year next following their seventieth birthday. [1973 1st
ex.s. c 149 § 5;
1969 ex.s. c 223 §
288.10.420.
Prior: 1947 c 223 § 5; Rem.
Supp.
1947 § 4543-14a.
Formerly
RCW
28.76.280.]
28B.10.423
A]NUI!1~
!!!Q
EEl~jBI
IN~Q.!1] PLAN~=LI.H!.! ON ~]IJ~_Mjll !!~£;=
,A]2JUSTMENT OF RATE2.:_ J]llillJVE ~Qb.! 1.&.
1974..
It is the intent of RCW 28B.10:4o0:-28B.10.405, 28B.10.410, 28B.10.415,
28B.10.420,
288.10.423 and 83.20.030 that
the retirement income resulting from the
contributions described herein from the
[ 185 ]
28B.10.423
HIGHER EDUCATION
-------------------------------------------------state of Washington and the employee shall
be projected actuarially so that it shall
not exceed sixty percent of the average of
the highest two consecutive years salary.
Periodic review of the retirement systems
established pursuant to RCW 28B.10.400.
28B.10.405, 28B.10.410,
28B.10.415,
28B.10.420, 28B.10.423 and 83.20.030 will be
undertaken at such time and in such manner
as determined by the committees on ways
and means of the senate and of the house
of representat~ves and th~ public pension
commission, and joint contribution rates
will be adjusted if necessary to accom•
~lish this intent.
[1973 1st ex.s. c
149
the services of those practitioners licensed pursuant to chapters 18.22, 18.25,
18.53, 18.57 and 18.71 RCW.
[1973 1st
ex.s. c 9 § 2; 1971 ex.s. c 269 § 3; 1969
ex.s. c 237 § 4;
1969 ex.s. c 223 §
28B.10.660.
Prior:
1967 c 135 § 2, part;
1959 c 187 § 1, part.
Formerly RCW
28. 76.410, part.)
Beviser 1 s note:
BCW
2BB.10.660 was
amenaea-twice-during the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sec·
tions amended more than once at the same
legislative session, see RCW 1.12.025.
§ 8.]
2g_yerabili,!~ A.£.2~Bill1ill==llf!.§£.!ive
gat~~]]
J§.! ~~§~ £ J~~~ See notes
lill~1Ili
28B.10.510
ATTORNEY gEN~BA1 ~ ADVI~=
The attorney general of the state
shall be the legal advisor to the presi·
dents and the boards of regents
and
trustees of the institutions of higher
education and he shall institute
and
prosecute or defend all suits in behalf of
the same. ( 1973 c 62 § 3; 1969 ex.s. c
223 § 28B.10.510. Prior: 1909 c 97 p 242
§ 8; RRS § 4560; prior:
1897 c 118 § 189;
1890 p 399 § 19. Formerly RCW 28.77.125;
28. 76.300.]
2SYillg§==2~~~f~hili.!Y==12ll
£
28B.10.660
lilllali
fb.!!llL
LI~ILIIJL
§ll
See
Lir£lL lit!b±liL
ACCIDE.liiL QllA~.!1TI!L b!Q
SALARY
INSURANCE OR PROTECTION AUTHORlZED:_PRE~IUMS::INSTITUTIONS OF- ~IG~]
EDOC}!TIQ!--Jb~-AME]DEQ-~I-1973 I~I tx~~ f
2 l~ The regents or trustees of any of
the state's institutions of higher education may make available liability, life,
health, health care, accident, disability
and salary protection or insurance or any
one of, or a combination of, the enumerated types of insurance, or any other type
of insurance or protection, for the regents or trustees, students and employees
of the institution, and their dependents.
Whenever funds shall be available for
these purposes, the regents or trustees of
any of the state's institutions of higher
education may contribute all or a part of
the cost of such protection or insurance
for the employees of their respective
institutions and their dependents.
The
premiums due on such liability insurance
shall be borne by the university
or
college. The premiums due on such protection or insurance shall be borne by the
assenting regent, trustee or student. All
contracts for insurance or
protection
written to take advantage of the provisions of this section shall provide that
the beneficiaries of such contracts may
utilize on an equal participation basis
s
[
CA.!!~L
s
Q~
notes following RCW 28B.10.200.
1IABILITY~
1J1]L ~]ALI]~
!££ID.£l]IL DISAB.!1II!~ bE~
SALARY
INSURANCE OR PROTECTION AUTHO·
RizEo=-PREMiuM5=-rNsTiToT!ais--or- HIGHER
~]2UCATIO] -:u~-AMENDED ll.X }973 1SI EX.S~-f
~1
~~
The regents or trustees of any
of the state's institutions of higher
education may make available liability,
life, health, health care, accident, disa·
bility and salary protection or insurance
or any one of, or a combination of, the
enumerated types of insurance, or any
other type of insurance or protection, for
the regents or trustees and students of
the institution. The premiums due on such
protection or insurance shall be borne by
the assenting regents, trustees, or students.
The regents or trustees of any of
the state institutions of higher education
may make liability insurance available for
employees of the institutions. The premi·
ums due on such liability insurance shall
be borne by the university or college.
(1973 1st ex.s. c 147 § 4;
1971 ex.s. c
2 6 9 § 3 ; 19 6 9 ex. s. c 2 3 7 § 4 ; 1 9-6 9 ex. s.
c 223 § 2BB.10.660. Prior:
1967 c 135 §
2, part;
1959 c 187 § 1, part.
Formerly
BCW 28.76.4.10, part.]
28B.10.660
following RCW 28B.10.400.
Reviser's note:
RCW
28B.10.660 was
amende·d twice during the 1973 first extraordinary session of the legislature.
each without reference to the other.
For rule of construction concerning sec·
tions amended more than once at the same
legislative session, see RCW 1.12.025.
28B.10.704
gROGRAMS rQ~ iNTER~OLLEGI­
ATE ATHLETIC COMPETITION IN INSTITUTIONS
OF-HIGHE~DocATrON:--ruios FoR--isS!STiNCi
OF -STUDENI--fARIICIPANTS. -FUnds-used for
purposes of providing scholarships
or
other forms of financial assistance to
students in return for participation in
intercollegiate athletics in accordance
~ith RCW 28B.10.703 shall include but
not
be limited to moneys received as contributed or donated funds, or revenues derived
186 ]
COLLEGES AND UNIVERSITIES GENERALLY
28B.10.852
--------------------------------------------------------------------------------------from athletic events, including gate receipts and revenues obtained from the
licensing of radio and television broadcasts.
( 1973 1st ex.s. c 46 § 9; 1971
ex. s. c 28 § 3. ]
§.~ji£~12Hii.Y:=-1.E1 1§i ,gk§.!.. £ 4 6 :
II If
any provision of this 1973 amendatory act,
or its application to any person
or
circumstance is held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected. 11 [1973 1st ex.s. c 46
§ 11.] This applies to RCW 28B.10.704,
28B.15.041, 28B.15.600,
28B.16.180,
28B.19.040, 28B.19.110,
28B.19.120, 28B.50.040, 28B.S0.060, and the repeal of RCW
28B.50.560, 28B.50.620, 28B.50.630, 28B.50.650, 28B.50.670 and 28B.50.680.
28B.10.720
~ENIQg
~Q11~~~
£Qli~PTL
,All!PTABilii! IQ ~TATE ~lliJ.!iL !t~VIE_K ANQ
E~Q£1 Q!.!..
[1969 ex.s c 283 § 3. Formerly RCW 28.76.440.] Repealed by 1973 c 62
§ 25.
~S!ing§--S~!~gbi1i.iY==1~
notes following RCW 28B.10.200.
c
~~
See
2ss.1o.a22
2IAI~ 2IQQ~NT riNANCIA1 AlQ
PROGRAM--COMMISSION RULES AND REGULATIONS.
Th€---coimission--sha11--adopt--rules--ana
regulations as may be necessary or appropriate for effecting the provisions of RCW
28B.10.800 through 28B.10.824, and not in
conflict with RCW 28B.10.800 ~hrough 28B.10.824, in accordance with the provisions
of chapter 28B.19 RCW, the state higher
education administrative procedure act.
[1973 c 62 § 4; 1969 ex.s. c 222 § 19.
Formerly RCW 28.76.530.]
~IUDJ!I .fl!!NCI!b AIQ
Jll~UTJ.Y~
lill1jCTOR.L
~.@LOYE~==!.fR.QINTMEN!=:=§,bLAEJ~,i:.
Subject
28B.10.824
ST,AI]
llQGRA!i COM.H~!L
to the provisions of chapter 28B.16 RCW,
the state higher education personnel law,
the commission shall appoint an executive
director a~ chief administrator of the
commission, and such employees as it deems
advisable, and shall fix their compensation and prescribe their duties. [1973 c
62 § 5; 1969 ex.s. c 222 § 20.
Formerly
RCii 28.76.540.]
~S!iDS§==~everabiliiY
1971 c
notes following RCW 28B.10.200.
62;
See
providing needed capital improvements consisting of the acquisition, construction,
remodeling, furnishing and equipping of
state buildings and facilities for the
1973 RCii SUPP.
~yggbili!Y==1.273 1§! ,g_!~ £ 112~
"If
any provision of this 1973 act, or its
application to any person or circumstance
is held invalid, the remainder of the act,
or the application of the provision to
other persons or circumstances is not
affected. 11 [ 1973 1st ex.s. c 135 § 7.]
This applies to RCW 28B.10.850 through
28B.10.855.
28B.10.851
~APITAL IMPliQVE~lii2L BONQ§.
FOli=!gOUNI £REATEDL .f!!RPQ§.h
The proceeds from the sale of the bonds authorized herein, together with all grants,
donations, transferred funds and all other
moneys which the state finance committee
may direct the state treasurer to deposit
therein shall be deposited in the state
higher
education
construction account
hereby created in the state general fund.
[ 1973 1st ex.s. c 135 § 2.]
~Ve£ability __ l273 12t 2!~ £
note following RCW 28B.10.850.
112~
See
28B.10.852
£APIIAL IMPEQ!]ME!I2L BON~§
ANIIfi.f!!JQ! liOTES.L PUB.fQ2E.!.. At
the
time the state finance committee
determines to issue such bonds or
a
portion
thereof,
it may,
pending the
issuing of such bonds, is~ue, in the name
of the state, temporary notes in anticipation of the money to be derived from the
sale of the bonds, which notes shall be
designated as "bond anticipation notesn.
Such portion of the proceeds of the sale
of such bonds that may be required for
such purpose shall be applied to the
FOE==]Q!~
28B.10.850
~!PITA1 IM~BQ!&,HENTS, ~Q!Q~
.fQ!!==.AQil!QBl~]Q:=-FORML .Ij]MS,
CO!DITION§L
21~!-AIQBES.!...
For the purpose of
§AbEL
institutions of higher education,
the
state finance committee is authorized to
issue general obligation bonds of the
state of Washington in the sum of thirtyfour million three hundred thousand dollars or so much thereof as shall be
required to finance the capital projects
relating to the institutions of higher
education as set forth in the capital
appropriations act, chapter 114, Laws of
1973 1st ex.
sess., to be paid
and
discharged within thirty years of the date
of issuance in accordance with Article
VIII, section 1 of the Constitution of the
state of Washington.
The state finance committee is authorized to prescribe the fcrm of such bonds,
and the time of sale of all or any portion
or portions of such bonds, and the conditions of sale and issuance thereof.
The bonds shall pledge the full faith
and credit of the state of Washington and
contain an unconditional promise to pay
the principal and interest when due. The
committee may provide that the bonds, or
any of them,
may be called prior to the
due date thereof under such terms and
conditions as it may determine. The sta~e
finance committee may authorize the use of
facsimile signatures in the issuance of
the bonds. [1973 1st ex.s. c 135 § 1.]
[ 187 )
28B.10.852
HIGHER EDUCATION
--------------------------------------------------------------------------------------payment of the principal of and interest
on such anticipation notes which have been
issued.
The proceeds from the sale of
bonds or notes authorized by RCW 28B.10.850 through 28B.10.855 shall be deposited
in the state higher education construction
account of the general fund in the state
treasury a~d shall be used exclusively for
the purposes specified in RCW 28B.10.850
through 28B.10.855 and for the payment of
expenses incurred in the issuance and sale
of the bonds. [ 1973 1st ex.s. c 135 § 3. 1
~~llabilii_y_ 1~7 3 121 gh§..!.. £ illi.
note following RCW 28B.10.850.
See
28B.10.853
~1!1 l]PR01~ME!f1~ BOND~
FOJ!=]Q@ RE~EI'IPTIO!f fUN~ £REATJ;~L f!!!i;
.f~£0M.fEL11!i2
TRANSf!;E Qf fUND.§ TO~
The state higher education bond redemption
fund of 1973 is hereby created in the
state treasury, which fund shall be exclusively devoted to the payment of interest
on and retirement of the bonds authorized
by RCW 28B.10.850 through 28B.10.855. The
state finance committee shall, on
or
before June 30th of each year, certify to
the state treasurer the amount needed in
the ensuing twelve months to meet bond
retirement and interest requirements, and
on
July 1st of each year the state
treasurer shall deposit such amount in the
state higher education bond redemption
fund of 1973 from any general
state
revenues received in the state treasury
and certified by the state treasurer to be
general state revenues.
The owner and holder of each of the
bonds or the trustee for any of the bonds
may by mandamus or other
appropriate
proceeding require and compel the transfer
and payment of funds as directed herein.
[1973 1st ex.s. c 135 § q.]
~everaQilii.I=-197} 1st gh.§..!.. £ 135i.
note following RCW 28B.10.850.
ill.i.
28B.15.041
~SERVIC~~
ANQ
ACTIVITIES
FE~! QEFIN~}! 1!~ !MEND!;}! BY--19731sT
EX.!..~.!.. £ ~§. §. 1h The term 11 services- and
activities fees" as used in this chapter
is defined to mean fees,
other
than
general
tuition
and
operating fees,
charged to all students registering at the
state's community colleges, state colleges,
and universities.
Services and
activities fees shall be used as otherwise
provided by law or by rule or regulation
of the board of trustees or regents of
each of the state's community colleges,
state colleges or universities for the
express purpose of funding student activities and programs of their particular
institution.
[1973 1st ex.s. c 46 § 1;
1971 ex.s. c 279 § 3.]
See
Reviser's note:
RCW
28B.15.041
was
amenaea- twice--during the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
28B.15.041
!SERVICES
AND ACTIVITIES
FE& ~FINJ;Q 1M. YENM~ BY 197JJ~I
EX~.§~
f 1.lQ .§ lh The term "services and
activities fees" as used in this chapter
is
defined to mean fees, other than
general tuition
and
operating
fees,
charged to all students registering at the
state's colleges and universities.
Services and activities fees shall be used as
otherwise provided by law or by rule or
regulation of the board of trustees or
regents of each of the state's colleges or
universities for the express purpose of
funding student activities and programs of
their
particular institution.
Student
activity fees, student use fees,
student
building use fees, special student fees or
other similar fees charged to all full
time students, or to all students, as the
case may be, registering at the state's
colleges or universities and pledged for
the payment of bonds heretofore or hereafter issued for, or other indebtedness
incurred to pay, all or part of the cost
of acquiring, constructing, or installing
any lands, buildings, or facilities of the
nature described in RCW 28B.10.300 shall
be included within and deemed to
be
services and activities fees. [ 1973 1st
ex.s. c 130 § 2i 1971 ex.s. c 279 § 3.]
see
See
28B.10.855
~!!1 ~PRO!~~ENTS, BOND~
FOR--AS LEGAL INVESTMENT FOR STATE AND
iUN!CiPAL-puios.- The~onds herein--autho~
riZed--shall ~a legal investment for all
state funds or for funds under state
control and all funds of municipal corporations. [ 1973 1st ex. s. c 135 § 6.]
[
See
Chapter 28B. 15
COLLEGE AND UNIVERSITY FEES
~.!§gbiJ.iiY==1.273
1§..! ~Z.:..§.~ £ .!i2~
note following RCW 28B.10.704.
28B.10.854
~APITA1 1].f]Q1J;~ENTS, ~
FOR--LEGISLATURE !JAY !'!!OVID~ !m2!1IO]!,b
nJ!NS Qf RE~~
The legislature may
provide additional means for raising moneys for the payment of the interest and
principal of the bonds authorized herein
and
RCW 28B.10.850 through 28B.10.855
shall not be deemed to provide an exclusive method for such payment.
[1973 1st
ex.s. c 135 § 5.)
Sev~ab,ilii..I= 1973 1.21 ~§..!.. £
note following RCW 28B.10.85C.
~~~~~bili!Y==1973 1.21. ~Z~ £ 112~
note following RCW 28B.10.850.
188
J
COLLEGE AND UNIVERSITY FEES
288.15.600
--------------------------------------------------------------------------------------occupation or gainful pursuit.
ex.s. c 191 § 5.]
~g!isg~!§ ~ot~
RCW
288.15.041
was
amended twice during the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
Cross Reference:
"Totally disabled" defined
purposes: RCW 28B.15.385.
for certain
Q.H];]E.Q
I.!lli £ERTA!] guRPci'SES.-- For the purposes of
RCW 285.15.380, 285.15.385, 285.15.520 and
285.40.361 the phrase "totally disabled"
as used in RCW 28B.15.380, 285.15.520 qnd
285.40.361 shall mean a person who has
become totally and permanently disabled
for life by bodily injury or disease, and
is thereby prevented from performing any
1973 RCW SUPP.
[
£ ill.f.
for certain
288.15.600
REFUNDS OR CANCELLATION OF
I~~ !I IDJIVE!lSITI~~;-sTATE- £0LLEQ£!~--!MQ
£Q1U1UNIT.I £Q1.1EGES.:. The boards of regents
of the state's universities and the boards
of trustees of the state colleges and
community colleges may refund or cancel in
full general tuition fees, operating fees,
and services and activities fees if the
student withdraws from the university or
college prior to the sixth day of instruction of the quarter or semester for which
said fees have been paid or are due.
If
the student withdraws on or after the
sixth day of instruction, said boards of
regents and trustees may refund or cancel
up to one-half of said fees, provided such
withdrawal occurs within the first thirty
calendar days following the beginning of
instruction.
Said boards of regents and
trustees may extend the refund or cancellation period for students called into the
military service of the United States.
said boards of regents and trustees may
refund other fees pursuant to such rules
as they may prescribe. [1973 1st ex.s. c
46 § 2; 1971 ex.s. c 279 § 15; 1969 ex.s.
c 223 § 28B.15.600. Prior: 1963 c 89 §
1. Formerly RCW 28.76.430.]
Effective date--1973 1st ex.s. c
191:
This1973aiiiendatory-act-is-necessary for
the immediate preservation of the public
peace, health, and safety, the support of
the state government and its existing
public institutions, and shall take effect
on July 1, 1973. (1973 1st ex.s. c 191 §
4.]
This applies to RCW 285.15.380,
285.15.385, 285.15.520 and 285.40.361.
]1.§!~1E12~
121~
Effective g~te==1.273 1st ex.s.
See note following RCW 2SB:-15.380:-
11
"TOTALLY
£
285.15.520
fEES--W!I!~~
QI f~E~ IQB
NEEDY STUDENTS FINISHING THEIR HIGH SCHOOL
~Q£!IIOB~--i'Ot'With5tanding-any-other pro=
vision of this chapter or chapter 285.50
RCW
as now or hereafter amended the
college board shall be authorized
to
permit the boards of trustees of the
various community colleges to waive general tuition fees, operating fees, services
and activities fees, and any other fees
for needy students who are enrolled in a
course of study or program which will
enable them to finish their high school
education and obtain a high school diploma
or certificate, and for children after the
age of nineteen years of any law enforcement officer or fire fighter who lost his
life or became totally disabled in the
line of duty while employed by any public
law enforcement agency or full time or
volunteer fire department in this state.
(1973 1st ex.s. c 191 § 2;
1971 ex.s. c
279 § 12; 1970 ex.s. c 59§ 8; 1969 ex.s.
c 261 § 29.
Formerly RCW 28.85.310,
part. ]
285.15.380
EXEMPT!Q] ~ fAYME!I QI
!I YB!!~~~IIIE~ In addition to any
other exemptions as may be provided by
law, the board of regents at the universities may exempt the following classes of
persons from the payment of general tuition fees, operating fees, or services
and activities fees except for individual
instruction fees:
(1)
All veterans as
defined in RCW 41.04.005: PROVIDED, That
such persons are no longer entitled to
federal vocational or educational benefits
conferred by virtue of their military
service: AND PROVIDED FURTHER, That if any
such veterans have not resided in this
state for one year prior to registration
said board may exempt them up to one-half
of the tuition payable by other nonresident students.
(2) Members of the staffs
of the University of
Washington
and
washington State University.
(3)
Teachers in the public schools of the state who
supervise the cadet teachers from the
University of Washington.
{4)
Children
after the age of nineteen years of any law
enforcement officer or fire fighter who
lost his life or became totally disabled
in the line of duty while employed by any
public law enforcement agency or full time
or volunteer fire department in
this
state.
[1973 1st ex.s. c 191 § 1; 1971
ex.s. c 279 § 8; 1969 ex.s. c 269 § 8;
1969 ex.s. c 223 § 285.15.380. Prior:
(i) 1947 c 46 § 1; 1921 c 139 § 5;
Rem.
Supp.
1947
§
4550.
Formerly
RCW
28.77.070.
(ii) 1921 c 164 § 4, part; RRS
§ 4572,
part.
Formerly RCW 28.80.060,
part. ]
285.15.385
1st
Effective date--1973 1st ex.s.
see-note folio'Wing"Rcw 285:-15.380:
I~2
cross Reference:
"Totally disabled 11 defined
purposes: RCW 285.15.385.
[1973
~~~~bi!!iY==1211 1st ~.:.§.:. £ ~£~
note following RCW 285.10.704.
189
See
Ch.
28B.l6
HIGHER EDUCATION
--------------------------------------------------------------------------------------Chapter 2813. 16
STATE HIGHER EDUCATION PERSONNEL LAW
28B.16.100
~QQR!~
RUb!~
!~Q
li~~~ONS-=
The higher education personnel board shall adopt and promulgate rules
and regulations, consistent with the purposes and provisions of this chapter and
with
the best standa~ds of personnel
administration, regarding the basis for,
and procedures to be followed for, the
dismissal, suspension, o~ demotion of an
employee, and appeals ther~from; certification of names for vacancies, including
promotions, with the number of names equal
to two more names than there are vacancies
to be filled, such names representing
applicants rated highest on eligibility
lists; examination for all positions in
the competitive and noncompetitive service; appointments; probationary periods of
six months and rejections therein; transfers,
sick leaves and vacations; hours of
work; layoffs when necessary and subsequent
reemployment,
both according to
seniority; determination of appropriate
bargaining units within any institution or
related boards: PROVIDED, That in making
such determination the board shall consider the duties, skills, and working conditions of the employees, the history of
collective bargaining by the employees and
their bargaining representatives, the extent of organization among the employees,
and the desires of the employees; certification and decertification of exclusive
bargaining representatives; after certification of an exclusive bargaining representative and upon said representative's
request, the director shall hold an election among employees in a bargaining unit
to determine by a majority whether to
require
as a condition of employment
membership in the certified
exclusive
bargaining representative on or after the
thirtieth day following the beginning of
employment or the date of such election,
whichever is the later, and the failure of
an employee to comply with such condition
of employment shall constitute cause for
dismissal:
P~OVlDED,
That no more often
than once in each twelve month period
after expiration of twelve months following the date of the original election in a
bargaining
unit and upon petition of
thirty percent of the members of a bargaining unit the director shall hold an
election to determine whether a majority
wish to rescind such condition of employment:
PROVIDED FURTHER, That for purposes
of this clause membership in the certified
exclusive bargaining representative shall
be satisfied by the payment of monthly or
other periodic dues and shall not require
payment of initiation, reinstatement or
any other fees or fines and shall include
full and complete membership rights~
AND
PROVIDED FURTHER, That in order to safeguard
the right of nonassociation of
public employees, based on bona
fide
religious tenets or teachings of a church
(1)
or religious body of which such public
employee is a member, s~ch public employee
shall pay to the un1on, for purposes
within the program of the union as designated by such employee that would be in
harmony with his individual consc,ience, an
amount of money equivalent to regular
union dues minus any included monthly
premiums for union-sponsored
insurance
programs, and such employee shall not be a
member of the union but shall be entitled
to all the representation rights of a
union member; agreements between institutions or related boards and certified
exclusive bargaining representatives providing for grievance procedures and collective negotiations on all
personnel
matters over which the institution or the
related board may lawfully exercise discretion;
written agreements may contain
provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the
cancellation of such payroll deduction by
the filing of a proper prior notice by the
employee with the institution and the
employee organization:
PROVIDED,
That
nothing contained herein shall permit or
grant to any employee the right to strike
or refuse to perform his official duties;
adoption and revision of comprehensive
classification plans for all positions in
the classified service, based on investi~
gation and analysis of the duties and
responsibilities of each such position;
allocation and reallocation of positions
within the classification plan; training
programs including in-service, promotion~
al, and supervisory;
regular increment
increases within the series of steps for
each pay grade, based on length of service
for
all employees whose standards of
performance are such as to permit them to
retain job status in the classified serv~
ice; and adoption and revision of salary
schedules and compensation plans which
reflect not less than the prevailing rates
in Washington state private industries and
other governmental units for positions of
a
similar nature and which shall be
competitive in the locality in which the
institution or related boards are located,
such adoption, revision, and implementation shall be subject to approval as to
availability of funds by the chief financial officer of each institution or related board for that institution or board, or
in the case of community colleges, by the
chief financial officer of the state board
for community college education for the
various c~m~unity colleges; and providing
for veteran's preference as provided by
existing statutes, with recognition of
preference in regard to layoffs and subsequent reemployment for veterans and their
widows by giving such eligible vete~ans
and their widows additional credit in
computing their seniority by adding to
their unbroken higher education service,
as defined by the board, the veteran's
service in the military not to exceed five
years of such service. For the purposes
[ 190 ]
HIGHER EDUCATION ASSISTANCE AUTHORITY
288.17.010
--------------------------------------------------------------------~------~---------
of this section, "veteran" means
any
person who has one or more years of active
military service in any branch of the
armed forces of the United States or who
has less than one year's service and is
discharged with a disability incurred in
the line of duty or is discharged at the
convenience of the government and who,
upon termination of such service,
has
received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active
military service with evidence of service
other than that for which an undesirable,
bad conduct, or dishonorable discharge
shall be given:
PROVIDED, HOWEVER, That
the widow of a veteran shall be entitled
to the benefits of this section regardless
of the veteran's length of active military
service: PROVIDED FURTHER, That for the
purposes of this section "veteran" shall
not include any person who has voluntarily
retired with twenty or more years of
active military service and whose military
retirement pay is in excess of
five
hundred dollars per month.
(2)
Rules and regulations adopted and
promulgated by the higher education personnel board shall provide for
local
administration and management by the institutions of higher education and related
boards, subject to periodic audit and
review by the board, of the following:
(a)
Appointment,
promotion, and transfer of employees;
(b) ·Dismissal, suspension, or demotion
of an employee;
(c)
Examinations for all positions in
the
competitive
and
noncompetitive
service;
(d)
Probationary periods of six months
and rejections therein;
(e)
Sick leaves and vacations;
(f)
Hours of work;
(g)
Layoffs when necessary and subsequent reemployment;
(h)
Allocation and reallocation of positions with the classification plans;
(i)
Training programs;
(j)
Maintenance of personnel records.
[1973 1st ex.s. c 75 § 2; 1973 c 154 § 2;
1971 ex.s. c 19 § 1; 1969 ex.s. c 36 § 10.
Formerly RCW 28. 75. 100. )
~ff!:l£1i~ da te-::1.211
1st ex • s •
see note fol~owing Rcw 41:o6.15o:-
£
288.16.180
TERMINATED EMPLOYEE CAN REQ!!~§.'!: PLACEM~NT--Q!i REJ!1PLOYME!!I -l!,IST .@!.!iST.ll:£1.!2 £1.!1fLO.X!£1 ENTIT.I!,~ '!:Q ~.!1f&QYMEN!
!ll!HIT~.!.
(1)
An employee who is terminated from service may request the institution or related board to place his name on
an appropriate reemployment list and the
institution shall grant this request where
the circumstances are found to warrant
reemployment.
(2)
Any employee, when fully reinstated
after appeal, shall be guaranteed all
employee rights and benefits, including
back pay, sjck leave, vacation accrual,
retirement, and OASDI credits. [1973 1st
ex. s. c
46 § 3;
196 9 ex. s. c 36 § 17.
Formerly RCW 28.75.180.]
~yg£abiliiY
1~11 1§1 ~§.!. £
note following RCW 288.10.704.
s a!illil.2=~~!:l£aQ i l i tY=-1 9 71 c
notes following RCW 28B.10.200.
62.
--.£.
See
Chapter 28B. 17
HIGHER EDUCATION ASSISTANCE AUTHORITY
288.17.010
AUTHORITY CREATED.
There
is hereby createa-a-corporate-governmental
agency of the state, constituting a public
·corporation and governing instrumentality,
which shall be known as the "Washington
State Higher Education Assistance Authority11. [ 1973 1st ex.s. c 120 § 1.]
~!:lY!:lllbili1Y==1.211 1st !:l.!.!.~ £ 120.:_
"If
any provision of this 1973 act, or its
application to any person or circumstance
is held invalid, the remainder of the act,
or the application of the provision to
other persons or circumstances is not
affected." (19731st ex.s. c 120 § 22.]
7 5...:.
(
See
288.16.230
gNFAig LA~ PRACII£!2 ggQ=
VISIONS APPLICABLE TO CHAPTER.
Each and
every-provision-of-RCW- 41.56:14o through
41.56.190 shall be applicable to the state
higher education personnel law and the
higher education personnel board, or its
designee, whose final decision shall be
appealable to the higher education personnel board, which is granted all powers and
authority granted to the department of
labor and industries by RCW 41.56.140
through 41.56.190.
(1973 c 62 § 6; 1969
ex.s. c
215
§
14.
Formerly
RCW
28.75.230.]
AEE£2££1stiQQ=~97J l§i
~.s.
£ 120:
"There is hereby appropriated from the
general fund the sum of two hundred fifty
thousand dollars,
or so much thereof as
may be necessary, to the ~uthority for the
biennium ending June 30, 1975 for the
payment of expenses of the authority in
carrying out the provisions of sections 1
through 21 of this 1973 act:
PROVIDED,
HOWEVER, That no portion of the sum hereby
appropriated shall be available, or shall
Cross Reference:
Interim committee on public employees
collective
bargaining--Duties--Reports-Recommendations to include proposed legislation: RCW 41.56.420.
197 3 RCW SUPP.
!~
191
]
288.17.010
HIGHER EDUCATION
be used by the authority, for the purchase
of any loans as provided in section 6 of
this 1973 act, for the payment of any
principal of, or redemption premium or
interest on any bonds or notes of the
authority issued pursuant to section 7 of
this 1973 act, or for deposit in any debt
service reserve fund created pursuant to
section 8 of this 1973 act."
( 1973 1st
ex.s. c 120 § 23.]
The above annotations apply to RCW 28B• 17.010-28B.17.210.
28B.17.020
RQ~~
Qf AUT~ITY~ The
purpose of the authority shall be to
assist needy and disadvantaged persons to
pursue a post-secondary education by purchasing loans made by banking and educational institutions to such persons to
help them meet the rising costs of such
education, thereby encouraging those in•
stitutions to make such loans, and increasing the supply of moneys available
therefor. The legislature hereby finds and
determines that it is in the
public
inter~st
and essential to the welfare and
well-being of the inhabitants of the state
and to the proper growth and development
of the state to encourage and assist every
student who has the desire and capacity to
pursue a post-secondary education. It is
hereby further found and determined that
the rising costs to students of postsecondary education are placing the goal
of such study beyond the financial reach
of a growing proportion of our po~ential
student population, particularly
those
young men and women who ·are needy and
disadvantaged, with a consequent irreparable loss to the state of valuable talents
vital to its welfare.
It is, therefore,
found and determined that the authority
created by RCW 28B.17.010 is a proper and
effective means of meeting this fiscal
crisis in post-secondary education,
which
is contrary to the general welfare of the
inhabitants of the state. (1973 1st ex.s.
c 120 § 2. ]
28B.17.030
DEFINITIONS.
As used in
this chapter, ~he~ollowing words and
terms shall have the following ~eanings,
unless the context shall clearly indicate
1nother or different meaning or intent:
(1)
The term "authority" shall mean the
~ashington state higher
education assistance authority, the corporate governmental agency created by RCW 288.17.010.
(2)
The term "bank" shall mean any
bank, bank and trust company, or trust
company,
savings bank, building and loan
association, private bank, or savings and
loan association which is organized under
the laws of this state or any national
banking association, located in the state.
(3)
The term "bonds" and "notes" shall
mean the bonds and notes, respectively,
issued by the authority pursuant to this
chapter.
[
(4}
The term "commission" shall mean
the commission on higher education created
by RCW 288.81.010.
(5)
The term "council" shall mean the
council on higher education created by RCW
28B.80,010.
(6}
The term "post-secondary educational institution" shall mean (a)
any public
or private college, university or community college approved by the commission, and
(b) any business, trade, technical,
vocational or other occupational school approved by the commission •
(7)
The term "disadvantaged or needy
student" shall mean a student (a}
who ~s
enrolled, or accepted for enrollment, at a
post-secondary educational institution located within the state or a student who is
a resident of the state and who
is
enrolled, or accepted for enrollment, at a
post-secondary
educational
institution
wherever located, and (b) who demonstrates
to the authority the financial inability,
either through his parents, family and/or
personally, to meet the total cost of
board, room, books, tuition and fees and
incidental expenses for any semester or
quarter.
(8}
The term "federal guaranteed loan
program" shall mean the program for the
insurance by the federal government of
loans to students, enacted by the higher
education act of nineteen hundred sixtyfive,
as amended, and all rules and
regulations promulgated thereunder, or any
successor legislation thereto providing
for similar federal insurance of student
loans.
(9}
The term "loan" shall mean a loan
to a needy or disadvantaged student the
principal and interest of which is guaranteed by the federal government pursuant to
the federal guaranteed loan program, made
for the purpose of assisting such person
to meet his expenses of post-secondary
education.
(10)
The term "state" shall mean the
state of washington.
(11)
The term "state agency" shall mean
any office, department, board, commission,
bureau, division,
public
corporation,
agency or instrumentality of the state,
( 1973 1st ex.s. c 120 § 3.]
28B.17.040
BOARD OF DIRECTORS OF THE
AUTHORITY.
(1)
The authority--shall ~e
governed and all of its corporate powers
exerc~sed by a board of directors which
shall consist of the nine citizen members
of the council, each of whose term as a
member of the authority shall be coterminus with his term as a citizen member
of the council, and six additional members, one of which shall be a student
financial aid officer, one of which shall
be representative of the banking industry,
and two of which shall be students enrolled in a
Washington
post-secondary
educational institution, and two of which
shall serve at large appointed by the
governor, each of whom shall be of full
192 ]
HIGHER EDUCATION ASSISTANCE AUTHORITY
2BB. 17.050
--------------------------------------------------------------------------------------age, a citizen of the United S~ates and a
resident of the state.
Pr~or
to the
appointment of the student rep:esentative
the governor shall consult w~th elected
student government officers.
The
six
additional members shall have four year
terms except for the two students who
shall serve for two years:
PROVIDED, That
the initial terms of the additional members, except for student members, shall be
staggered so that terms shall be for one
year, two years, three years, and four
years respectively:
PROVIDED
FURTHER,
That the initial terms of the student
members shall be staggered so that terms
shall be for one year and two years
respectively:
PROVIDED FURTHER, That a
student member's term of office shall be
terminated if said student member ceases
to be enrolled in a post-secondary educational institution during said term of
office.
(2)
Vacancies shall be filled for
the
ungxpired terms in the same manner as
original appointments.
(3)
Directors shall receive per diem in
lieu of compensation, and travel expenditures,
in accordance with standard rates
for part time boards, councils and commissions as certified by the state budget
director.
(4)
The board of directors shall elect
from its members each year a chairman and
vice chairman who shall serve for terms of
one year and who shall be eligible for
reelection for successive terms.
(5)
A majority of the directors of the
authority shall constitute a quorum for
the transaction of any business
and,
unless a greater number is required by the
bylaws of the authority, the act of a
majority of the directors present at any
meeting shall be deemed the act of the
board.
(6)
The board of directors shall adopt
bylaws for the authority, and may appoint
such officers and employees as it deems
advisable,
fix their compensation and
prescribe their duties, and may delegate
to one or more of its members, or its
officers, agents or employees, such powers
and duties as it may deem proper.
(7)
The board of directors may elect an
executive committee of not less than six
members who, in intervals between meetings
of the board, may transact such business
of the authority as the board may from
time to time authorize.
Unless otherwise
provided by the bylaws, a majority of the
members of such committee shall constitute
a quorum for the transaction of
any
business and the act of a majority of the
members of the executive committee present
at any meeting shall be deemed the act of
such committee. [1973 1st ex.s. c 120 §
4. ]
(1}
To have a seal and alter the same
at pleasure;
(2}
To make and execute contracts and
all other instruments necessary or convenient for the exercise of its powers and
functions under this chapter;
(3)
To sue and be sued;
(4)
To make and alter bylaws for its
organization and internal management;
(5)
To acquire, hold and dispose of
real and personal property for its corporate purposes;
(6)
Subject to any agreement with bondholders or noteholders, to invest moneys
of the authority not required for immediate use, including proceeds from the sale
of any bonds or notes, (a) in obligations
of
the state or the United States of
America or any agency of either,
(b)
in
obligations the principal and interest of
which are guaranteed by the state or the
United States of America, (c) in obligations of any corporation wholly owned by
the United States of America,
(d)
in
obligations of any corporation sponsored
by the United States of America which are
or may become eligible as collateral for
advances to member banks as determined by
the board of governors of the federal
reserve system, or {e) in certificates of
deposit or time deposits secured in such
manner as the authority shall determine;
(7}
To appoint officers, agents and
employees,
prescribe their duties and
qualifications and fix their compensation;
(8}
To purchase and contract to purchase loans made by banks, pension funds,
credit unions, post-secondary educational
institutions, and the commission,
all
subject
to
the
provisions
of
RCW
28B.17.060;
(9}
To procure or require the procurement of a policy or policies of group life
insurance to insure repayment of loans
acquired by the authority in event of the
death of the borrower;
(1 0)
Subject to provisions of RCW 28B.17.060 and any agreement with bondholders
or noteholders, to renegotiate or refinance any loan in default; to waive any
default or consent to the modification of
the terms of any loan; to forgive all or
part of any loan;
and to commence any
action or proceeding to protect or enforce
any right conferred upon it by law,
loan
agreement, contract or other agreement;
(11)
To prescribe rules and regulations
setting forth standards and criteria for
the granting of applications for loan
purchases, insofar as such standards and
criteria are not inconsistent with this
chapter;
( 12)
To make and execute contracts for
the administration,
servicing or collection of any loan acquired by the authority
and pay the reasonable value of services
rendered to the authority pursuant to such
contracts;
(13)
To make, execute, and carry out
contracts for the administration, servicing or collection of loans, including
National Student Defense Loans, owned by
28B.17.050
POWERS OF THE ,!QTHQlli!~
Except as otherwise-limitea-by this chapter and subject to Title 34 RCW,
the
authority shall have power:
1973 RCW SUPP.
[
193
1
288.17.050
HIGHER EDUCATION
--------------------------------------------------------------------------------------banks and post-secondary educational institutions and to establish, revise from
time to time, charge and collect from such
banks and post-secondary educational institutions such fees in connection therewith as the authority may determine;
(14) To make, execute, and carry out
contracts with any state agency for the
collection of amounts voluntarily pledged
to the state ty recipients of awards under
the need grant program administered by the
commission and to charge and collect from
such agency the reasonable value of its
services rendered in connection with such
contracts;
(15) Subject
to any agreement with
bondholders or noteholders, to sell any
loans acquired by the authority at public
or private sale and at such price or
prices and on such terms as the authority
shall determine;
(16) Subject to the provisions of the
federal guaranteed loan program, to establish, revise from time to time, charge and
collect such premiums or fees in connection with loans and purchases thereof, a$
the authority shall determine;
(17) Subject
to any agreement with
bondholders or noteholders, to purchase
bonds or notes of the authority, which
shall thereupon be canceled, at a price
not exceeding (a) if the bonds or notes
are then redeemable, the redemption price
then applicable plus accrued interest to
the next interest payment date thereon,
(b)
if the bonds or notes are not then
redeemable, the redemption price applicable on the first date after such purchase
upon which the notes or bonds become
subject to redemption at the option of the
authority plus accrued interest to said
date, or (c) if the bonds or notes are not
redeemable prior to their respective maturities at the option of the authority,
one hundred four per centum of the principal amount thereof plus accrued interest
to the date of purchase;
(18) To borrow money and to issue negotiable bonds and notes and to provide for
the rights of the bolders thereof;
(19) To engage the services of private
consultants on a contract basis for rendering professional and technical assistance and advice;
(20) To contract for and to accept any
gifts or grants or loans of funds or
property or financial or other aid in any
form from the federal government or any
agency or instrumentality thereof, or from
the state or any agency or instrumentality
thereof, or from any other source, and to
comply, subject to the provisions of this
chapter, with the terms and conditions
thereof:
(21) To promulgate such rules and regulations, not inconsistent with the provisions of the federal guaranteed
loan
program and subject to the approval of the
commission, as are necessary to carry out
its functions and duties in the administration of this chapter; and
(22) To do any and all things necessary
or convenient to carry out its purposes
and exercise the powers given and granted
in this chapter. ( 1973 1st ex.s. c 120 §
5. ]
28B.17.060
PURCHASE OF STUDENT LOANS.
(1) The authority may-purchase-and--con:
tract to purchase loans made by banks,
pension funds, credit unions, and post•
secondary educational institutions located
within the state, and from the commission,
all upon such terms and conditions as the
authority may prescribe by rule or regulation, including, if the seller is a bank,
the requirement that such bank make new
loans in an amount equal to the purchase
price received from the authority:
PROVIDED, That the authority shall not purchase a loan to any borrower who is then
in default on an outstanding loan unless
provisions satisfactory to the authority
are made to cure such default.
(2)
Notwithstanding anything to
the
contrary provided in this chapter, the
authority may, subject to the provisions
of the federal guaranteed loan program,
forgive or suspend all or part of the
payment of any loan pursuant to such rules
or regulations as the authority shall
prescribe:
PROVIDED, That the authority
shall not so forgive or suspend any such
payment, unless it shall, on behalf of the
borrower and on such terms and conditions
as it shall deem proper, set apart and
apply an amount equal to the payment so
forgiven or suspended from available funds
of the authority not required by the terms
of any bond resolution for the payment of
principal of or interest on bonds payable
during the current state fiscal year or
the current operating expenses of the
authority.
(3) Any person otherwise qualifying for
a loan from a bank, pension fund, credit
union, post-secondary educational institution
or the commission shall not be
disqualified by reason of his being under
the age of majority. For the purposes of
applying for, receiving and repaying such
a loan, any such person shall be deemed to
have full legal capacity to act, and shall
have all the rights, powers, privileges
and obligations of a person of full age
with respect thereto. In no event shall
lack of legal capacity to act by reason of
nonage be a defense to an action or claim
based upon a loan made by a bank, pension
fund, credit union, post-secondary educational institution or the commission, or
upon a loan held by the authority. [1973
1st ex.s. c 120 § 6.]
Reviser's UQ!gl
288.17:010.
See notes following RCW
288.17.070
BONDS AND NOTES OF THE !Q=
.TI!QBITY.
(1) -The" -autiiority-shall have
the power and is hereby authorized from
time to time to issue its negotiable bonds
[ 194 )
HIGHER EDUCATION ASSISTANCE AUTHORITY
28B.17.070
------------------------------and notes in conformity with the applica•
ble provisions of the uniform Commercial
code in such principal amounts as, in the
opinion of the authority, shall be necessary to provide sufficient funds
for
achieving the corporate purposes thereof,
including the purchase of loans as provided in this chapter, the payment of interest on bonds and notes of the authority.
establishment of reserves to secure such
bonds and notes, and all other expenditures of the authority incident to and
necessary or convenient to carry out its
corporate purposes and powers.
(2)
Except as may otherwise be expressly provided by the authority, all bonds
and notes issu9d by the authority shall be
general
obligations of the authority,
secured by the full faith and credit of
the authority and payable out of any
moneys, assets, or revenues of the authority, subject only to any agreement with
bondholders or noteholders pledging any
particular moneys, assets or revenues. In
no event shall any bonds or notes constitute an obligation, either general or
special, of the state; nor shall the
authority have the power to pledge the
credit or taxing power of the state or to
make its debts payable out of any moneys
except those of the authority.
(3)
Bonds and notes shall be authorized
by a resolution or resolutions of the
authority adopted as provided by this
chapter: PROVIDED, That any such resolution authorizing the issuance of bonds or
notes may delegate to an officer
or
officers of the authority the power to
issue such bonds or notes from time to
time and to fix the details of any such
issues of bonds or notes by an appropriate
certificate of such authorized officer.
(4)
Such bonds
(a)
Shall state (i)
the date of issue;
(ii) the series of the issue and be
consecutively numbered within the series;
and (iii) that the bond is payable both
as to principal and interest solely out of
·the assets of the authority and does not
constitute an obligation, either general
or special, of the state; and
(b)
Shall be (i)
either registered,
registered as to principal only, or in
coupon form; (ii)
issued in such denominations as the authority may prescribe;
(iii)
fully negotiable instruments under
the laws of this state;
(iv)
signed on
behalf of the authority with the manual or
facsimile signature of the chairman or
vice chairman of the board, attested by
the manual or facsimile signature of the
secretary of the board, have the seal of
the authority impressed thereon or
a
facsimile of such seal printed or lithographed thereon, and the coupons attached
thereto shall be signed with the facsimile
signatures of such chairman or vice chairman and secretary;
(v)
payable as to
interest at such rate or rates and at such
time or times as the authority may determine; (vi)
payable as to principal at
such times over a period not to exceed
1973 RCW SUPP.
forty years from the date of issuance, at
such
place or places, and with such
reserved rights of prior redemption, as
the authority may prescribe;
(vii) sold
at such price or prices, at public or
private sale, and in such manner as the
authority may prescribe; and the authority
may pay all expenses, premiums and commis~
sions which it deems necessary or advantageous in connection with the issuance and
sale thereof; and (viii)
shall be issued
under and subject to such terms, conditions and covenants providing for the
payment of the principal, redemption premiums, if any, and interest and such other
terms, conditions, covenants and protective provisions safeguarding such payment,
not
inconsistent
with RCW 28B.50.330
through 28B.50.400 and this chapter, as
may be found to be necessary by the
authority for the most advantageous sale
thereof,
which may include, but not be
limited to, covenants with the holders of
the bonds as to:
(A)
pledging or creating a lien, to the
extent provided by such resolution or
resolutions, on all or any part of any
moneys or property of the authority or of
any moneys held in trust or otherwise by
others for the payment of such bonds;
(B)
otherwise providing for the custody, collection, securing, investment and
payment of any moneys of or due to tbe
authority;
(C)
the setting aside of reserves or
sinking funds and the regulation or disposition thereof;
(D)
limitations on the purpose to which
the proceeds of sale of any issue of such
bonds then or thereafter to be issued may
be applied;
(E)
limitations on the issuance of additional bonds, the terms upon
which
additional bonds may be issued and secured, and upon the refunding of outstanding or other bonds;
(F)
the procedure, if any, by which the
terms of any contract with the holders of
bonds may be amended or abrogated, the
amount of bonds the holders of which must
consent thereto and the manner in which
such consent may be given;
(G)
the creation of special funds into
which any moneys of the authority may be
deposited;
(H)
vesting in a trustee or trustees
such properties, rights, powers and duties
in trust as the authority may determine,
which may include any or all of the
rights, powers and duties of the trustee
appointed pursuant to RCW 28B.17.090, in
which event the provisions of such section
authorizing appointment of a trustee shall
not apply; or limiting or abrogating the
right of the holders of bonds to appoint a
trustee under such section or limiting the
rights, duties and powers of such trustee;
(I}
defining the acts or omissions to
act which shall constitute a default in
the obligations and duties of the authority and providing for the rights
and
remedies of the holders of bonds in the
[ 195 ]
28B.17.070
HIGHER EDUCATION
----------------------------------------------------------------event of such default:
PROVIDED,
That
such rights and remedies shall not be
inconsistent with the general laws of this
state and other provisions of this chapter; and
(J)
any other matters of like or different character, which in any way affect
the security and protection of the bonds
and the rights of the holders thereof.
(5)
The authority is authorized to provide for the issuance of its bonds for the
purpose of refunding any bonds of the
authority then outstanding, including the
payment of any redemption premiums thereon
and any interest accrued or to accrue to
the redemption date next succeeding the
date of delivery of such refunding bonds.
The proceeds of any such bonds issued for
the purpose of so refunding outstanding
bonds shall be forthwith applied to the
purchase or retirement of such outstanding
bonds or the redemption of such outstanding bonds on the redemption date next
succeeding the date of delivery of such
refunding bonds and may, pending such
application,
be placed in escrow to be
applied to such purchase or retirement or
redemption
en
such
date.
Any such
escrowed proceeds, pending such use,
may
be invested and reinvested only in obligations of or guaranteed by the state or the
United States of America, maturing at such
time or times as shall be appropriate to
assure the prompt payment, as to principal, interest and redemption premium, if
any, on the outstanding bonds to be so
refunded by purchase,
retirement or redemption, as the case may be. The interest, income and profits, if any, earned or
realized on any such investment may also
be applied to the payment of the outstanding bonds to be so refunded by purchase,
retirement or redemption, as the case may
be.
After the terms of the escrow have
been fully satisfied and carried out,
any
balance of such proceeds and interest, if
any, earned or realized on the investments
thereof may be returned to the authority
for use by it in any lawful manner.
All
such bonds shall be issued and secured and
shall be subject to the provisions of this
chapter in the same manner and to the same
extent as any other bonds issued pursuant
to this chapter.
(6)
The authority is authorized
to
issue negotiable bond anticipation notes
and may renew the same from time to time
but the maximum maturity of such notes,
including renewals thereof, shall
not
exceed seven years from the date of issue
of such original notes.
Such notes shall
be payable from any moneys of the authority available therefor and not otherwise
pledged or from the proceeds of sale of
the bonds of the authority in anticipation
of which they were issued. The notes may
be issued for any corporate purpose of the
authority.
The notes shall be issued in
the same manner as the bonds and such
notes and the resolution or resolutions
authorizing the same may contain
any
provisions, conditions or limitations, not
(
inconsistent with the provisions of this
subdivision,
which the bonds or a bond
resolution of the authority may contain.
Such notes may be sold at public or
private sale.
In case of default on its
notes or violation of any obligations of
the authority to the noteholders, the
noteholders shall have all the remedies
provided herein for bondholders.
Such
notes shall be as fully negotiable as the
bonds of the authority.
(7)
It is the intention of the legislature that any pledge of earnings, revenues
or other moneys made by the authority
shall be valid and binding from the time
when the pledge is made; that the earnings, revenues or other moneys so pledged
and thereafter received by the authority
shall immediately be subject to the lien
of such pledge without any physical delivery thereof or further act, and that the
lien of any such pledge shall be valid and
binding as against all parties having
claims of any kind in tort, contract or
otherwise against the authority irrespective of whether such parties have notice
thereof.
Neither the resolution nor any
other instrument by which a pledge is
created need be recorded.
(8)
Neither the members of the authority nor any person executing the bonds or
other obligations shall be liable personally on the bonds or other obligations or
be subject to any personal liability or
accountability by reason of the issuance
thereof. [1973 1st ex.s. c 120 § 7.]
Reviser's
2 88.17:010:'
Qg!2~
See notes following RCW
28B.17.080
RESERVE FUNDS. The authority may create and-establish-one or more
reserve funds to be known as debt service
reserve funds and pay into any
such
reserve fund
(a) any proceeds of sale of
bonds and notes to the extent provided in
the resolution of the authority authorizing the issuance thereof, (b)
any moneys
directed to be transferred by the authoriw
ty to such debt service reserve fund, and
any other moneys made available to the
authority for the purposes of such fund
from any. other source or sources. The
moneys held in or credited to any debt
service reserve fund established under
this subsection, except as hereinafter
provided, shall be used solely for the
payment of the principal of bonds of the
authority secured by such debt service
reserve fund, as the same mature, required
payments to any sinking fund established
for the amortization of such bonds
(hereinafter
referred to as "sinking fund
payments") , the purchase or redemption of
such bonds of the authority, the payment
of interest on such bonds of the authority
or the payment of any redemption premium
required to be paid when such bonds are
redeemed prior to maturity.
Moneys in
such fund shall not be withdrawn therefrom
at any time in such amount as would reduce
196
J
28B.17.100
HIGHER EDUCATION ASSISTANCE AUTHORITY
----------------------------------------------------~~-~------
the amount of such fund to less than the
amount which the authority shall determine
to be reasonably necessary for the purposes of such reserve fund, except for the
purpose of paying principal, sinking fund
payments, if any, and interest on such
bonds of the authority secured by such
reserve fund maturing and becoming due for
the payment of which other moneys of the
authority are not available.
Any income
or interest earned by, or increment to,
any such debt service reserve fund due to
the investment thereof may be transferred
to any other fund or account of the
authority to the extent it does not reduce
the amount of such debt service reserve
fund below the amount which the authority
shall determine to be reasonably necessary
for the purposes of such reserve fund.
Moneys in any debt service reserve fund
not required for immediate use or disbursement may be invested in accordance
with the provisions of subsection
(6)
of
RCW 28B.17.050.
In computing the amount
of any debt service reserve fund for the
purposes of this section, securities in
which all or a portion of such reserve
fund are invested shall be valued at par
or, if purchased at other than par, at
their amortized cost to the authority. If
the authority shall create and establish
one or more debt service reserve funds as
herein provided, the authority shall not
issue bonds at any time if the amount of
any debt service reserve fund at the time
of issuance thereof does not equal or
exceed the amount which the authority
shall determine to be reasonably necessary
for the purposes of such reserve fund,
unless the authority, at the time of
issuance of such bonds, shall deposit in
such reserve fund from the proceeds of the
bonds to be issued, or otherwise, an
amount which together with the amount then
in such reserve fund, shall be not less
than the amount which the authority shall
determine to te reasonably necessary for
the purposes of such reserve fund.
The
authority may create and establish such
other reserve funds as it shall deem
advisable and necessary. [1973 1st ex.s.
c 120 § 8. ]
Reviser•s note;
2s'B:1"1.'o1o.
28B.17.090
!QI!HOLDERS~
See notes following RCW
REMEDIES OF BONDHOLDERS AND
(1_)__In~he-even~-that- the
authority shall default in the payment of
principal or of interest on any issue of
bonds or notes after the same shall become
due, whether at maturity or upon call for
redemption, and such default shall continue for a period of thirty days, or in the
event that the authority shall fail or
refuse to comply with the provisions of
this chapter, or shall default in any
agreement made with the holders of any
issue of bonds or notes, the holders of
twenty-five per centum in aggregate principal amount of the bonds or notes of such
1973 RCW SUPP.
issue then outstanding, by instrument or
instruments filed 1n the office of the
clerk of the county in which the principal
office of the authority is located, and
proved or acknowledged in the same manner
as a deed to be recorded, may appoint a
trustee to represent the holders of such
bonds or notes for the purposes herein
provided.
(2)
Such trustee may, and upon written
request of the holders of twenty-five per
centum in principal amount of such issue
of bonds or notes then outstanding shall,
in his or its own name,
(a) enforce all rights of the bondholders or noteholders, including the right to
require the authority to collect interest
and principal payments on the loans held
by it adequate to carry out any agreement
as to, or pledge of, such interest and
principal payments, and to require the
authority to carry out any other agreements with the holders of such bonds or
notes and to perform its duties under this
chapter;
suit upon such bonds or
(b)
bring
notes;
(c)
by action or suit, require the
authority to account as if it were the
trustee
of an express trust for the
holders of such bonds or notes;
(d)
by action or suit, enjoin any acts
or things which may be unlawful or in
violation of the rights of the holders of
such bonds or notes;
(e)
declare all such bonds or notes due
and payable and if all defaults shall be
made good, then with the consent of the
holders of twenty-five per centum of the
principal amount of such issue of bonds or
notes then outstanding, to annul such
declaration and its consequences.
(3)
Such trustee shall in addition to
the foregoing have and possess all the
powers necessary or appropriate for the
exercise of any functions specifically set
forth herein or incident to the general
representation of bondholders or noteholders in the enforcement and protection of
their rights.
(4)
Before declaring the principal of
bonds
or notes due and payable, the
trustee shall first give thirty days•
notice in writing to the governor, to the
authority, and to the attorney general of
the state.
(5} The superior court shall have ju•
risdiction of any suit, action or proceeding by
the
trustee
on
behalf
of
bondholders or noteholders. The venue of
any such suit, action, or proceeding shall
be
laid in the county in which the
principal office of the authority
is
located. [1973 1st ex.s. c 120 § 9.]
28B.17.100
~TATE
MUNICif!LITIES
The bonds,
notes and other obligations of the authority shall not be a debt of the state of
washington or of any municipality, and
neither the state nor any municipality
!Q! l!IABLE ON
[ 197 ]
BOND~
ANQ
!!Q .HQTEh
28B.17. 100
HIGHER EDUCATION
-------------------shall be liable thereon, nor shall they be
payable out of any funds other than those
of the authority. (1973 1st ex.s. c 120 §
1 o. 1
28B.17.110
AGREEMENT OF THE
STATE.
The state of Washington-does hereby pledge
to and agree with the holders of any bonds
or notes issued under this chapter that
the state will not limit or alter the
rights hereby vested in the authority to
fulfill the terms of any agreements made
with the holders thereof, or in any way
impair the rights and remedies of such
holders until such bonds or notes together
with the interest thereon, with interest
on any unpaid installments of interest,
and all costs and expenses in connection
with any action or proceedings by or on
behalf of such holders, are fully met and
discharged.
The authority is authorized
to include this pledge and agreement of
the
state in any agreement with the
holders of such bonds or notes.
(1973 1st
ex.s. c 120 § 11.]
28B.17.120
BO.@~
Jll!Q
NOT~
AS LEGA1
AND FIDUCIARIES.
The bonds and notes--of--the
authOrity are hereby made securities in
which all public officers and bodies of
this state, including without limitation
the state employees• retirement fund and
the public school employees• retirement
fund, and all municipalities and municipal
subdivisions, all insurance companies and
associations and other persons carrying on
an insurance business, all banks, bank and
trust companies, trust companies, private
banks, savings banks, savings and loan
associations, building and loan associations,
investment companies and other
persons carrying on a banking business,
all administrators, guardians, executors,
trustees and other fiduciaries, and all
other persons whatsoever who are now or
may hereafter be authorized to invest in
bonds or other obligations of the state,
may properly and legally invest funds
including capital in their control or
belonging to them. The bonds and notes
are also hereby made securities which may
be deposited with and may be received by
all public officers and bodies of this
state and all municipalities and municipal
subdivisions for any purpose for which the
deposit of bonds or other obligations of
this state is nov or may hereafter be
authorized.
( 1973 1st ex. s. c 120 § 12.)
INVEST!'lENI~
IQB
~IC Q!:~~
28B.17.130
1!1 EXEMPTION AND DEDUCTIONS.
{1)
It is hereby determined-~hat
the--creation of the authority is in all
respects for the benefit of the people of
the state,
for the improvement of their
health and welfare, and for the promotion
of the economy, and that said purposes are
public purpOses and the authority will be
[
performing an essential governmental function in the exercise of the powers conferred upon it by this chapter, and the
state covenants with the purchasers and
all subsequent holders and transferees of
bonds and notes issued by the authority,
in consideration of the acceptance of and
payment for the bonds and notes, that the
bonds and notes of the authority issued
pursuant to this chapter and the income
therefrom shall at all times be free from
taxation, except for estate or gift taxes
and taxes on transfers.
(2)
The property of the authority and
its income and operations shall be exempt
from taxation and assessments of every
kind and nature,
other than assessments
for local improvements.
The authority
shall not be required to pay any recording
fee or transfer tax of any kind on account
of instruments recorded by it or on its
behalf.
(3)
Notwithstanding the provisions of
any general or special law or the provisions of any certificate of incorporation,
charter or other articles of organization,
all domestic corporations or associations
organized for the purpose of carrying on
business in the state and all persons are
hereby authorized to make contributions to
the authority and a sum equal to any such
contribution may be deducted from any tax
imposed by the provisions of Title 82 RCW.
[1973 1st ex.s. c 120 § 13.]
28B.17.140
noNEY~
Q!: THE AUTHORITY.
All moneys of the -authority from
whatever source derived, except as otherwise authorized or provided in this chapter, shall be paid to the treasurer of the
authority and shall be deposited forthwith
in a bank or banks in the state designated
by the authority.
The moneys in such
accounts shall be withdrawn on the order
of such person or persons as the authority
may authorize.
All deposits of
such
moneys shall, i f required by the authority, be secured in such manner as the
authority may determine. The state auditor and his legally authorized representatives are authorized and empowered from
time to time to examine the accounts and
books of the authority, including its
receipts,
disbursements,
contracts,
leases, sinking funds, investments and any
other records and papers relating to its
financial standing; the authority shall
not be required to pay a fee for any such
examination.
(2)
The authority shall have power to
contract with holders of any of its bonds
or notes as to the custody, collection,
securing, investment, and payment of any
moneys of the authority, of any moneys
held in trust or otherwise for the payment
of bonds or notes, and to carry out such
contract.
Moneys held in trust or otherwise for the payment of bonds or notes or
in any way to secure bonds or notes and
deposits of such moneys may be secured in
(1)
198 )
STATE HIGHER EDUCATION ADMIN. PROCEDURES ACT
28B.19.040
--------------------------------------------------------------------------------------the same manner as moneys of the authority, and all banks and trust companies are
authorized to give such security for such
deposits.
(3)
Subject to the prov~s~ons of any
contract with bondholders or notehoiders
and to the approval of the state auditor,
the authority shall prescribe a system of
accounts.
(4)
The authority shall submit to the
governor, president pro tempore of the
senate, speaker of the house of representatives, and the state auditor, within
thirty days of the receipt thereof by the
authority, a copy of the report of every
external examination of the books and
accounts of the authority other
than
copies of the reports of such examinations
made by the state auditor.
[ 1973 1st
ex.s. c 120 § 14.]
28B.17.150
LIMII!TIQH OF
Ll!]!b!TY~
Neither the members of the authority, nor
any person or persons acting in
its
behalf, while acting within the scope of
their authority, shall be subject to any
personal liability resulting from carrying
out any of the powers expressly given in
this chapter.
[1973 1st ex.s. c 120 §
1 5. J
28B.17.160
A~I~ANCE
~n~ DEfARTM~.L
~I
BOA£M AN!2
~!!!
Qr!!=
£Ql!MI~~.IQ!~~
(1)
The commission, council, attorney
general and state treasurer, and all other
state agencies may render such services to
the authority within their
respective
functions as may be requested by the
authority.
(2)
Upon request of the authority, any
state agency is hereby authorized and
empowered to transfer to the authority
such officers and employees as it may deem
necessary from time to time to assist the
authority in carrying out its functions
and duties under this chapter. Officers
and employees sc transferred shall not
lose their civil s~rvice status or rights.
( 1973 1st ex. s. c 120 § 16. J
28B.17.170
ANNUAL REPORT. The authority shall sub~~o--rhe--governor, the
president pro tempore of the
senate,
speaker of the house of representatives
and the state auditor, within six months
after the end of its fiscal year, a
complete and detailed
report
setting
forth:
(1)
Its operations and accomplishments; (2)
its receipts and expenditures
during
such
fiscal
year
in
accordance with the categories or classifications established by the authority for
its operating and capital outlay purposes,
including a listing of all private consultants engaged by the authority on a
contract basis and a statement of the
total amount paid to each such private
consultant;
(3)
its assets and liabilities at the end of its fiscal year and the
1973 RCW SUPP.
[
status of reserve, special or other funds;
and
(4) a schedule of its bonds and notes
outstanding at the end of its fiscal year,
together with a statement of the amounts
redeemed and incurred during such fiscal
year. ( 1973 1st ex.s. c 120 § 17.]
288.17.180
~QYRT
fjOC~~Q!NG~==f~Ef~~=
,ID!CES::=YM!QL. Any action or proceeding to
which the authority or the people of the
state of Washington may be a party, in
which any question arises as to
the
validity of this chapter, shall be preferred over all other civil causes in all
courts of the state of Washington and
shall be heard and determined in preference to all other civil business pending
therein irrespective of position on the
calendar.
The same preference shall be
granted upon application of counsel to the
authority in any action or proceeding
questioning the validity of this chapter
in which he may be allowed to intervene.
The venue of any such action or proceeding
shall be laid in the county in which the
principal office of the authority
is
located. [ 1973 1st ex.s. c 120 § 18.)
28B.17.190
£0RPORA!~
EXISTENCE.
The
authority
and its corpor~existence
shall continue until terminated by law:
PROVIDED, That no such law shall take
effect so long as the authority shall have
bonds, notes and other obligations outstanding, unless adequate provision has
been made for the payment thereof.
Upon
termination of the existence of the authority, all its rights and properties in
excess of its obligations shall pass to
and be vested in the state. [1973 1st
ex.s. c 120 § 19.]
28B.17.200
INCONSISTENT f~Q!ISIQ~ Q!
OTHER LAWS SUPERSED~--Insofar as the
provisions of--this-chapter are inconsistent with the provisions of any other law,
general, special or local, the provisions
of this chapter shall be controlling.
[1973 1st ex.s. c 120 § 20.]
28B.17.210
~Q]§IjUCTIO~
This chapter, being necessary for the welfare of
the state and its inhabitants, shall be
liberally construed so as to effectuate
its purposes.
[1973 1st ex.s. c 120 §
21.
1
Chapter 28B. 19
STATE HIGHER EDUCATION ADMINISTRATIVE PROCEDURES ACT
28B.19.040
~MERGlili£I
RU1~
QR AMENQ=
MENT. If the institution of higher education- finds that immediate adoption or
amendment of a rule is necessary for the
preservation of the public health, safety,
199 ]
28B.19.040
HIGHER EDUCATION
---------------------------------
-----------------------------
or general welfare, and the observance of
the requirements of notice and opportunity
to present views on the proposed action
would be contrary to the public interest,
the institution may dispense with such
requirements and adopt the rule or amendment as an emergency rule or amendment.
The institution's finding and a brief
statement of the reasons for its finding
shall accompany the emergency rule or
amendment as filed with the code reviser.
An emergency rule or amendment shall not
remain in effect for longer than ninety
days.
Emergency rules shall become effective
upon filing with the code reviser unless
an effective date is specified in the
rule.
(1913 1st ex.s. c 46 § 4; 1971
ex. s. c 57 § 4. )
Sev~£a!!i1iil!
1973 12! ~hh
note following RCW 28B.10.704.
28B.19.110
~Q!TESI]~
~
lli
See
£!SE~==1]1~1
_@ARllfQ... WH]N-REQUES1
FOR=CONDUCT.
(1)
The informal procedures heretofore established or hereafter
promulgated by rule by institutions of
higher education for the disposition of
contested cases, may be utilized by institutions, where authorized by the governing
boards of the institutions.
(2)
Any person who is charged with an
offense potentially punishable by suspension, or termination of his relationship
with the institution and (a) who elects to
waive the opportunity for an informal
hearing, or (b) who by his conduct in the
judgment of the hearing officer or board
makes it impossible to conduct an informal
hearing, or (c) who deems himself aggrieved by the disposition of any contested case following an informal proceeding
undertaken pursuant to subsection
(1)
above, may have charges against him adjudicated in a formal hearing pursuant to
RCi 28B.19.120:
PROVIDED, That any request for a formal hearing is directed to
the president of the institution or his
designee (i) within ten days after notification
of the time and place of an
informal hearing, or (ii) within five days
after communication of the hearing officer
or board chairman ruling that it
is
impossible to conduct an informal hearing
for whatever reason, or (iii) within ten
days after concl~sion of the informal
proceeding and notice of the final decision to the party charged with an offense.
(3)
Formal procedures established or
hereafter promulgated by rule by institutions of higher education for the disposition of contested cases may be utilized by
such institutions where authorized by the
governing board.
(4)
Where a formal hearing is conducted
following conclusion or termination of an
informal hearing authorized by subsection
( 1) above, the formal hearing shall be
conducted as if the informal hearing had
,FROf]DU~];::-FORMAL
not commenced or taken place.
(1973 1st
ex.s. c 46 § 5: 1971 ex.s. c 57 § 11.)
~gbilit,Y
llll l§.i ~&.!.
note following RCW 28B.10.704.
~
46J..
See
28B.19.120
~2!1]§1~
~ASES-=l!l0RMA1
PROCEDURES--FORMAL HEARINGS--NOTICE--CON-
DUCT=RECORD_:ScOPE. --rf)rnany-contest:
ed---case
wher;---informal
procedures
authorized by RCW 28B.19.110 (1) are not
used and where the formal procedures are
invoked because of necessity or request in
accordance with RCW 28B.19.110 (2), or by
institutional rule in accordance with RCW
28B.19.110 (3), as in section 6, chapter
46, Laws of 1973 1st ex. sess. amended,
all parties shall be afforded an opportunity for hearing after not less than ten
days• notice. The notice shall include:
(a) A statement of the time, place, and
nature of the proceeding;
(b)
A statement of the legal authority
and jurisdiction under which the hearing
is to be held:
(c)
A reference to the particular rules
of the institution involved:
(d) A short and plain statement of the
matters asserted.
If the institution or
other party is unable to state the matters
in detail at the time the notice is
served, the initial notice may be limited
to a statement of the issues involved.
Thereafter upon request a more definite
and detailed statement shall be furnished.
(2) Hearings may be held or conducted
by any officer or committee authorized by
the president of any institution of higher
education. The hearing officer or committee shall determine whether the hearing
shall be open to the educational community
in which it takes place, or
whether
particular persons should be permitted in
attendance or excluded from attendance.
(3)
Opportunity shall be afforded all
parties to respond and present evidence
and argument on all issues involved, and
to examine and cross-examine witnesses.
(4) Statements, testimony, and all other evidence given at an informal proceeding authorized pursuant to RCW 28B.19.110
(1) shall be confidential and shall not be
subject to discovery or released to anyone, including the officer or committee
conducting a formal hearing or the parties
involved, or used for impeachment purposes, without permission of the person who
divulged the information.
(5)
Unless precluded by law, informal
disposition may also be made of
any
contested
case by stipulation, agreed
settlement, consent order, or default, or
other established informal procedure.
(6)
The record in a contested case
shall include:
(a) All documents, motions, and intermediate rulings;
(b)
Evidence received or considered;
(c) A statement of matters officially
noticed;
[ 200 ]
UNIVERSITY OF WASHINGTON
288.20.394
--------------------------------------------------------------------------------------shall hold their offices respectively for
a term of six years from the second Monday
in March next succeeding their appointment
and until their successors shall be appointed and shall qualify by filing their
oath with the secretary of state.
Four
members of said board shall constitute a
quorum for the transaction of business.
Whenever there shall be a vacancy in the
said board of regents,
from any cause
whatever, it shall be the duty of the
governor to fill such office by appointment for the unexpired term of the incumbent whose position has become vacant.
( 1973 c
62 § 7;
1969 ex.s. c
223 §
28B.20.100.
Prior:
1909 c 97 p 239 § 3;
RRS § 4554; prior:
1897 c 118 § 184; 1895
c
101
§ 1; 1890 p 396 § 3. Formerly RCW
28.77.090, 28.77.100, part.]
(d)
Questions and offers of proof, objections, and rulings thereon;
(e)
Proposed findings and exceptions;
and
(f)
Any decision, opinion, or report by
the officer or committee chairman presiding at the hearing.
(7)
oral proceedings shall be transcribed if necessary for the purposes of
rehearing, or court review.
A copy of the
record or any part thereof shall
be
transcribed and furnished to any party to
the hearing upon request therefor and
payment of the costs thereof.
(8)
Findings of fact shall be based
exclusively on the evidence and on matters
officially noticed.
(9)
Each institution shall adopt appropriate rules of procedure for notice and
hearing informal contested cases.
(10)
Institutions, or their authorized
hearing officer or committee, may:
(a)
Administer oaths and affirmations,
examine witnesses,
and receive evidence,
and no person shall be compelled
to
divulge information which he could not be
compelled to divulge in a court of law;
(b)
Issue subpoenas;
(c)
Take or cause depositions to be
taken pursuant to rules promulgated by the
institution, and no person shall be compelled to divulge information which he
could not be compelled to divulge by
deposition in connection wfth a court
proceeding;
(d)
Regulate the course of the hearing;
(e)
Hold conferences for the settlement
or simplification of the issues by consent
of the parties;
(f)
Dispose of procedural requests or
similar matters;
(g)
Make decisions or proposals for
decisions; and
(h)
Take any other action authorized by
rule consistent with this chapter.
[1973
1 st ex. s. c 4 6 § 6 ; 1 9 7 1 ex. s • c 57 § 12 • )
~~Villi!§::-S~!_tl~ilit:£=_1273 £
notes following RCW 28B.10.200.
Qr
See
Chapter 28B. 20
UNIVERSITY OF WASHINGTON
28B.20.100
REGENT5--APPOINTMENT--
!ERMS:-VA£!N£J~~-=2UORUM:-~-government
of the University of washington shall be
vested in a beard of regents to consist of
seven members who shall be appointed by
the governor of the state, by and with the
advice and consent of the senate, and who
197 3 RCW SUPP.
[
See
28B.20.394
!QQITION!k POWER~
E!=
GENTS AS TO OLD UNIVERSITY GROUNDS--AGREEMENTS TO--PAY- -CITY-AND-~COUNTY--FOR
Go!ERNMENIAL--sE~vrci~~ --~rr~£II!i uNTIL
llNUAR! h
12llJ..
In addition to the
powers conferred upon the board of regents
of the University of Washington by RCW
28B.20.392 and 28B.20.380, said board is
authorized and shall have the power to
enter into an agreement or agreements with
the city of Seattle and the county of
King,
washington, to pay to said city and
said county such sums as shall be mutually
agreed
upon for governmental services
rendered to said university tract,
as
defined in RCW 28B.20.390 which sums shall
not exceed the amounts that would be
received pursuant to limitations imposed
by RCW 84.52.042 by the said city of
Seattle and county of King respectively
from real and personal property taxes paid
on the university tract or any leaseholds
thereon if such taxes could lawfully be
levied;
and any such sums so agreed upon
shall be paid from the proceeds and other
income from said tract as an item of
expense of operation and upkeep thereof:
PROVIDED, That in the event that it is
determined by a court of final
jurisdiction that the provisions of chapter 43,
Laws of 1971 first ex. sess., insofar as
they affect taxes due and payable in 1972
and 1973 by any lessee of the university
tract, are held unconstitutional, the sums
paid pursuant to this section in such
years shall be refunded in accordance with
the provisions of chapter 84.69 RCW;
and
any provision of RCW 28B.20.392 in conflict herewith is superseded.
(1973 1st
ex.s. c
195 § 140; 1972 ex.s. c 107 § 1;
1969 ex.s. c
223 § 28B.2C.394.
Prior:
1955 c 229 § 1. Formerly RCW 28.77.361.)
~~iSe£~§ QOt~
Reference to section 6,
chapter 46, Laws of 1973 1st ex. sess. in
first paragraph is in apparent error and a
result of amendment to House Bill 234
which struck section 3 of the bill but did
not change internal reference in this
section, section 6, to reflect deletion of
section 3.
~~~£~hili1Y~1973 1§1 ~~§~ f ~
note following RCW 28B.10.704.
§.2:
201
l
288.20.394
HIGHER EDUCATION
-----------------------~------------------
288.20.394
ADDITIONAL POWERS OF REa.HTS !~ TI2 Ql&-UNIVERSIT! 'GRO'Oios-=AGREE::
liiDfTS
IQ
ll!
~OVERNMENTA~
CIU
!!Q
£QJ!l!I!
IQB
§.~BVIQS.
(AMENDMENT ~~::
1!!~ ~!NQ!R! 1£ 197~~ In addition to the
powers conferred upon the board of regents
of the University of Washington by RCW
288.20.392 and 288.20.380, said board is
authorized and shall have the power to
enter into an agreement or agreements with
the city of Seattle and the county of
King,
Washington, to pay to said city and
said county such sums as shall be mutually
agreed
upon for governmental services
rendered to said university tract, as
defined in RCW 288.20.390 which sums shall
not exceed the amounts that would be
received pursuant to limitations imposed
by RCW 84.52.043 by the said city of
Seattle and county of King respectively
from real and personal property taxes paid
on the university tract or any leaseholds
thereon if such taxes could lawfully be
levied; and any such sums so agreed upon
shall be paid from the proceeds and other
income from said tract as an item of
expense of operation and upk.eep thereof:
PROVIDED, That in the event that it is
determined by a court of final jurisdiction that the provisions of chapter 43,
Laws of 1971 first ex. sess., insofar as
they affect taxes due and payable in 1972
and 1973 by any lessee of the university
tract, are held unconstitutional, the sums
paid pursuant to this section in such
years shall be refunded in accordance with
the provisions of chapter 84.69 RCW; and
any provision of RCW 288.20.392 in conflict herewith is superseaed.
[1973 1st
ex. s. c 19 5 § 1 0 ; 1 9 72 ex. s • c 1 0 7 § 1 ;
1969 ex.s. c 223 § 288.20.394.
Prior:
1955 c 229 § 1. Formerly RCW 28.77.361.]
28B.20.456
OCCUPATIONAL AND ENVIRONMENTAL RESEARCH-FACILITY::ADVISORY-coMMIT=
------ There is hereby created an advisory
-----------~
TEE.
committee to the environmental research
facility consisting of eight
members.
Membership on the committee shall consist
of the director of the department of labor
and industries, the assistant secretary
for the division of health services of the
department of social and health services,
the president of the Washington state
labor council, the president of the association of Washington business, the dean
of the school of public health and community medicine of
the
University
of
Washington, the dean of the school of
engineering
of
the
University
of
washington,
the
president
of
the
washington state medical association, or
their representatives, and the chairman of
the department of environmental health of
the University of Washington, who shall be
ex officio chairman of the
committee
without vote.
Such committee shall meet
at least semiannually at the call of the
chairman.
Members shall serve without
compensation. It shall consult, review
and evaluate policies, budgets, activities
and programs of the facility relating to
industrial and occupational health to the
end that the facility will serve in the
broadest sense the health of the workman
as it may be related to his employment.
[1973 c 62 § 9;
1969 ex.s. c 223 §
288.20.456.
Prior:
1963 c 151 § 4.
Formerly RCW 28.77.416.)
------------------
Chapter 288.30
WASHINGTON STATE UNIVERSITY
§.~!~illility~ffecti~ dat~ ~.!lQ ,i~mi::
nation dates--Construction--1973 1st ex.s.
£ 195~ See noteSfOllOwing RCW 84.52:0i3:
288.20.412
CHILQBEN~
£IDU:g FOR RES EARC.H AN.Q I!lll.HINQ Ilf MENT!b REIARDA.:
!IQN ADM.IlliiRATIQl!::-ADV,!§.Q!ll ~OMMITI~~
The center shall be administered by the
board of regents of the University of
Washington with the assistance of a nonsalaried advisory committee consisting of
the dean of the school of medicine of the
University of Washington; the assistant
secretaries for the divisions of health
services, social services, service delivery, and vocational rehabilitation services of the department of social and
health services; the superintendent of
public instruction; and three other members approved by the president of the
University of Washington. [1973 c 62 § 8;
1969 ex.s. c 223 § 288.20.412.
Prior:
1963 c 193 § 2. Formerly RCW 28.77.432.]
Savings--Severability-z1973 £
notes following RCW 28B.10.200.
62:
See
288.30.100
REGENTS--APPOINTMENT-TE!i11§.::-80ND. The seven--members--of-ue
board
of regents of Washington State
University shall be appointed by
the
governor, by and with the consent of the
senate: PROVIDED, That all appointments
made to fill vacancies caused by death,
resignation or otherwise, shall be for the
unexpired term of the incumbent whose
place shall have become vacant. Except as
otherwise in this section provided, all
appointments shall be for the term of six
years and until the appointment and qualification by filing his oath with the
secretary of state of a successor to each
appointee.
Each regent shall, before entering upon
the discharge of his respective duties as
such, execute a good and sufficient bond
to the state of washington, with two or
more sufficient sureties, residents of the
state, or with a surety company licensed
to do business within the state, in the
penal sum of not less than five thousand
dollars,
conditioned for the faithful
performance of his duties as such regent:
PROVIDED, That the university shall pay
[ 202 ]
WASHINGTON STATE UNIVERSITY
28B.30.150
-----~--------------------------------------------------------------------------------
any fees incurred for any such bonds for
their board members.
[1973 c 62 § 10;
1969 ex.s. c
223 § 28B.30.100.
Prior:
1949 c 115 § 1, part; 1909 c 97 p 245 § 5,
part; Rem. Supp. 1949 § 4576, part; prior:
1897 c 118 § 194, part; 1891 c 145 § 4,
part.
Formerly RCW
28.80.070,
part,
28.80.080, part and 28.80.130, part.)
~,llinS§::=§.~:!.tisbili:U=..197J
c
62,;_
See
notes following RCW 28B.10.200.
28B.30.150
~~==Q~!ER!1 fOWER~ !!~
The regents of Washington state
University, in addition to other duties
prescribed by law, shall:
(1)
Have full control of the university
and its property of various kinds.
(2)
Employ the president of the university, his assistants,
members of
the
faculty.
and employees of the university.
who, exceft as otherwise provided by law,
shall hold their positions during the
pleasure of said board of regents.
(3)
Establish entrance requirements for
students seeking admission to the university. Completion of examinations satisfactory to
the
university
may
be
a
prerequisite for entrance by any applicant, at the university's
discretion.
Evidence of completion of public high
schools and other educational institutions
whose courses of study meet the approval
of the university may be acceptable for
entrance.
(4)
Establish such colleges, schools or
departments necessary to carry out the
purpose of the university and not oth~­
wise proscribed by law.
(5) With the assistance of the faculty
of the university, prescribe the courses
of instruction in the various colleges,
schools and departments of the institution
and publish the
necessary
catalogues
thereof.
(6)
Collect such information as the
board deems desirable as to the schemes of
technical instruction adopted in other
parts of the United States and foreign
countries.
(7)
Provide for
holding agricultural
institutes
including
farm
marketing
forums.
(8)
Provide that instruction given in
the university, as far as practicable, be
conveyed by means of laboratory work and
provide in connection with the university
one or more physical, chemical,
and biological laboratories, and suitably furnish
and equip the same.
(9)
Provide training in military tactics for those students electing to participate therein.
(10)
Establish a department of elementary science and in connection therewith
provide instruction in elementary mathematics, including elementary trigonometry.
elementary mechanics, elementary and mechanical drawing and land surveying.
(11)
Establish a department of agriculture and in connection therewith provide
]]!1!~
1973 RCW SUPP.
instruction in physics with special application of its principles to agriculture,
chemistry with special application of its
principles to agriculture, morphology and
physiology of plants with special reference to common grown crops and fungus
enemies, morphology and physiology of the
lower forms of animal life, with special
reference to insect pests, morphology and
physiology of the higher forms of animal
life and in particular of the horse,
cow,
sheep and swine, agriculture with special
reference to the breeding and feeding of
livestock and the best mode of cultivation
of farm produce, and mining and metallurgy, appointing demonstrators in each of
these subjects to superintend the equipment of a laboratory and to give practical
instruction therein.
(12)
Establish agricultural experiment
stations in connection with the department
of agriculture, including at least one in
the western portion of the state, and
appoint the officers and prescribe regulations for their management.
(13)
Grant to students such certificates or degrees, as recommended for such
students by the faculty.
(14)
Confer honorary degrees upon persons other than graduates of the university in recognition of their learning or
devotion to literature, art or science
when recommended thereto by the faculty:
PROVIDED, That no degree shall ever be
conferred in consideration of the payment
of money or the giving cf property of
whatsoever kind.
(15)
Adopt plans and specifications for
university buildings and facilities or
improvements thereto and employ skilled
architects and engineers to prepare such
plans and specifications and supervise the
construction of buildings or facilities
which the board is authorized to erect,
and fix the compensation for such services.
The board shall enter into contracts with one or more contractors for
such suitable buildings,
facilities or
improvements as the available funds will
warrant, upon the most advantageous terms
offered at a public competitive letting,
pursuant to public notice under regulations established by the board. The board
shall require of all persons with whom
they contract for construction and improvements a good and sufficient bond for
the faithful performance of the work and
full protection against all liens.
(16)
Except as otherwise provided by
law, direct the disposition of all money
appropriated to or belonging to the state
university.
(17)
Receive and expend the money appropriated
under the act of congress
approved May 8, 1914, entitled "An Act to
provide for cooperative agricultural extension work between the
agricultural
colleges in the several States receiving
the benefits of the Act of
Congress
approved July 2, 1862, and Acts supplemen~
tal thereto and the United States Department of Agriculture" and organize and
( 203 ]
288.30.150
HIGHER EDUCATION
--------------------------------------------------conduct agricultural extension work in
connection with the state university in
accordance with the terms and conditions
expressed in the acts of congress.
(18)
Except as otherwise provided by
law, to enter into such contracts as the
regents deem essential
to
university
purposes.
(19)
Acquire by lease, gift, or otherwise, lands necessary to further the work
of the university or for experimental or
demonstrational purposes.
(20)
Establish and maintain at least
one agricultural experiment station in an
irrigation district to conduct investigational work upon the principles and practices
of
irrigational
agriculture
including the utilization of water and its
relation to soil types, crops, climatic
conditions,
ditch and drain construction,
fertility investigations, plant disease,
insect pests, marketing, farm management,
utilization of fruit byproducts and general development of agriculture under irrigation conditions.
(21)
supervise and control the agricultural experiment station at Puyallup.
(22)
Establish
and
maintain
at
Wenatchee an agricultural experiment substation for the purpose of conducting
investigational work upon the principles
and practices cf orchard culture, spraying, fertilization,
pollenization,
new
fruit varieties, fruit diseases and pests,
byproducts, marketing, management and general horticultural problems.
(23)
Accept such gifts, grants, conveyances, devises and bequests, whether real
or personal property, in trust or otherwise, for the use or benefit of the
university, its colleges, schools or departments; and sell, lease or exchange,
invest or expend the same or the proceeds,
rents, profits and income thereof except
as limited by the terms of said gifts,
grants, conveyances, bequests and devises;
adopt proper rules to govern and protect
the receipt and expenditure of the proceeds of all fees,
and the proceeds,
rents, profits and income of all gifts,
grants, conveyances, bequests and devises,
and make full report thereof in a biennial
report to the governor and members of the
legislature.
(24)
Construct when the board so determines a new foundry and a mining, physical,
technological
building
and
fabrication shop at the university, or add
to the present foundry and other buildings, in order that both instruction and
research be expanded to include permanent
molding and die casting with a section for
new fabricating techniques, especially for
light
metals, including magnesium and
aluminum; purchase equipment for the shops
and laboratories in mechanical, electrical, and civil engineering; establish a
pilot plant for the extraction of alumina
from native clays and other possible light
metal research; purchase equipment for a
research laboratory for technological research generally; and purchase equipment
for research in electronics,
instrumentation, energy sources, plastics, food technology, mechanics of materials, hydraulics
and similar fields.
(25)
Make and transmit to the governor
and members of the legislature a printed
report prior to the first day of January
preceding each regular session of the
legislature, including information on all
receipts and disbursements of university
moneys, an estimate of the needs of the
institution, and such additional information as will be helpful to the state
authorities in providing for the institution. [1973 1st ex.s. c 154 § 47;
1969
ex.s. c 223 § 28B.30.150.
Prior:
1953 c
101 § 1, amending (i) 1909 c 97 p 244 § 4;
1897 c 118 § 193; 1890 p 263 § 8; RRS §
4575.
(ii) 1949 c 115 § 1, part;
1909 c
97 p 245 § s, part; 1897 c 118 § 194; 1891
c 145 § 4; Rem. Supp. 1949 § 4576, part.
(iii)
1909 c 97 p 249 § 19;
1897 c 118 §
208; 1895 c 146 § 1; RRS § 4599.
(iv)
1909 c 97 p 247 § 8; 1897 c 118 § 197;
1891 c 145 § 8; RRS § 4579.
(v) 1909 c 97
p 247 § 9; 1897 c 118 § 198; 1891 c 145 §
9; RRS § 4580.
(vi) 1915 c 125 § 1; RRS §
4583.
(vii) 1909 c 97 p 250 § 20; 1897 c
118 § 209; 1891 c 145 § 17; RRS § 4600.
(viii)
1909 c 97 p 250 § 21; 1897 c 118 §
210; 1891 c 145 § 18; RRS § 4601.
(ix)
1909 c 228 § 1; RRS § 4588.
(X) 1917 c
10 1 § 1; RRS § 4 58 9.
(Xi) 1917 c 10 1 § 2;
RRS § 4590.
(Xii) 1909 c 97 p 249 § 15;
1897 c 118 § 204; 1891 c 145 § 16; RRS §
4595.
(xiii)
1909 c 97 p 244 § 3, part;
1897 c 118 § 192; 1891 c 145 § 3;
RRS §
4574, part.
(xiv) 1899 c 107 § 1; RRS §
4603.
(XV) 1899 c 8 2 §
1; RRS § 4587,
(xvi) 1937 c 25 § 1; RRS § 4579-1.
(xvii)
1937 c 25 § 2; RRS § 4579-2. Formerly RCW
28.80.130.
(ii) 1961 c 25 § 1.
Formerly
RCW 28.8 0. 135. ]
severability==1211 1st ~~§~ £
note following RCW 2.12.030.
1~~~
See
Chapter 28B.40
STATE COLLEGES
288.40.100
TRUSTEES--APPOINTMENT
!]]
The government ofeach of-the state
colleges shall be vested in a board of
trustees consisting of five members. They
shall be appointed by the governor with
the consent of the senate and shall hold
their offices for a term of six years from
the second Monday in March next succeeding
their appointment and until their successors are appointed and qualified. In case
of a vacancy the governor shall fill the
vacancy for the unexpired term of the
trustee whose office has become vacant.
No more than the
terms of two members
will expire simultaneously on the second
Monday of March in any one year. (1973 c
62 § 11; 1969 ex.s. c 223 § 28B.40.100.
Prior:
1967 ex.s. c 5 § 2; 1957 c 147 §
3; prior:
(i) 1909 c 97 p 251 § 1, part;
1897 c 118 § 212; 1893 c 107 § 1; RRS §
llrui.:.
( 204 ]
COMMUNITY COLLEGE ACT OF 1967
28 B. 50.040
--------------------------------------------------------------------------------------4604, part.
(ii) 1909 c 97 p
251 § 2;
1897 c
118 § 213; 1893 c 107 § 2; RRS §
4605.
Formerly RCW 28.81.020.]
SaviJ!g§ Sey~rabili!:£=1973 £
notes following RCW 28B.10.200.
62~
See
28B.40.361
~!~IQ] OF f~H!!I] !ET~~=
FROM g!!.HIDi!
!B.§..:. The boards of
trustees may exempt from the payment of
general tuition, operating fees, or services and activities fees,
except
for
individual instruction fees, all veterans
who served in the armed forces of the
United States who have served the United
states during any period of war as defined
in RCW 41.04.005 and who shall have served
with evidence of conduct other than undesirable,
bad conduct or dishonorable upon
release from active service:
PROVIDED,
That such person is no longer entitled to
federal vocational or educational benefits
conferred by virtue of his military service, and all children after the age of
nineteen years of any law enforcement
officer or fire fighter who lost his life
or became totally disabled in the line of
duty while employed by any public law
enforcement agency or full time or volunteer fire department in this state. [1973
1st ex.s. c
191 § 3; 1971 ex.s. c 279 §
16; 1969 ex.s. c 269 § 9.
Cf. 1969 ex.s.
c 269 § 5. Formerly RC~ 28.81.084.]
m:
!~
~!g£!ive £ste _1~11 1£! ~!..:.£..:.
See note follcwing RCW 28B.15.380.
cross Reference:
"Totally disabled" defined
purposes: RCW 28B.15.385.
£
121~
for certain
(6)
"Council" shall mean the coordinating council for occupational education;
(7)
"Occupational education" shall mean
that
education or training that will
prepare a student for employment that does
not require a baccalaureate degree;
(8)
"K-12 system" shall mean the public
school
program
including kindergarten
through the twelfth grade;
(9)
"Common school board" shall mean a
public school district board of directors;
(10)
"Community college" shall include
where applicable, vocational-technical and
adult
education programs conducted by
community colleges and vocational-technical institutes whose major emphasis is in
post-high school education;
(11)
"Adult education" shall mean all
education or instruction, including academic,
vocational education or training,
and 11 occupational education" provided by
public educational institutions, including
common school districts for persons who
are eighteen years of age and over or who
hold a high school diploma or certificate:
PROVIDED, That "adult education" shall not
include academic education or instruction
for persons under twenty-one years of age
who do not hold a high school degree or
diploma and who are attending a public
high school for the sole purpose
of
obtaining a high school diploma or certificate:
PROVIDED,
FURTHER, That "adult
education" shall not include education or
instruction provided by any four year
public institution of higher education:
AND PROVIDED FURTHER, That adult education
shall not include education or instruction
provided by a vocational-technical institute.
( 1973 c 62 § 12; 1969 ex.s. c 261 §
18; 1969 ex.s. c 223 § 28B.50.030.
Prior:
1967 ex.s. c 8 § 3. Like section formerly
RCW 28.85.030.)
Chapter 28B.50
COMMUNITY COLLEGE ACT OF 1967
(And Community Colleges Generally)
Cross Reference:
Community education
281.58.247.
programs:
See
RCW
28B.50.030
DE11]1!ION.§..:.
As used in
this chapter, unless the context requires
otherwise, the term:
(1)
"System" shall mean the state system of community colleges, which shall be
a system of higher education;
(2)
"College
board" shall mean the
state board for community college education created by this chapter;
(3)
"Director" shall mean the administrative director for the state system of
community colleges;
11
(4)
District" shall mean any one of
the community college districts created by
this chapter;
11 Board of trustees" shall
(5)
mean the
local community college board of trustees
established for each community college
district within the state;
1973 RCW SUPP.
28B.50.040
j]UMER!!!Q~
[
£~~Q]JTY £Q11~§~ Ql~!Rif!~
The state of Washington is
hereby divided into twenty-two community
college districts as follows:
(1)
The first district shall encompass
the counties of Clallam and Jefferson;
(2)
The second district shall encompass
the counties of Grays Harbor and Pacific;
(3)
The third district shall encompass
the counties of Kitsap and Mason;
(4)
The fourth district shall encompass
the counties of San Juan, Skagit and
Island;
(5)
The fifth district shall encompass
Snohomish county except for the Northshore
common school district;
(6)
The sixth district shall encompass
the present boundaries of the
common
school districts of Seattle and Vashon
Island, King county;
(7)
The seventh district shall enco~­
pass the present boundaries of the common
school districts of Shoreline in King
205 ]
288.50.040
HIGHER EDUCATION
------------------------------------------------------county and
Northshore
in
King
and
Snohomish counties;
(8)
The eighth district shall encompass
the
present boundaries of the common
school districts of
Lake
Washington,
Bellevue, Issaquah, Lower Snoqualmie, Mercer Island, Skykomish and Snoqualmie, King
county;
(9)
The ninth district shall encompass
the
present boundaries of the common
school districts of Federal way, Highline
and South Central, King county;
(10)
The tenth district shall encompass
the
present boundaries of the common
school districts of Auburn, Black Diamond,
Renton, Enumclaw, Kent, Lester and Tahoma,
King county, and the King county portion
of Puyallup commQn school district No. 3;
(11)
The eleventh district shall encompass all of Pierce county, except for the
present boundaries of the common school
districts of Tacoma and Peninsula;
(12)
The twelfth district shall encompass the counties of Lewis and Thurston;
(13)
The thirteenth district shall encompass
the counties of Cowlitz,
and
Wahkiakum;
{14)
The fourteenth district shall encompass the counties of Clark, Skamania
and that portion of Klickitat county not
included in the sixteenth district;
(15)
The fifteenth district shall encompass the counties of Chelan, Douglas
and Okanogan;
(16)
The sixteenth district shall encompass the counties of Kittitas, Yakima,
and that portion of Klickitat
county
included in United states census divisions
1 through 4;
(17)
The seventeenth district shall en•
compass the counties of Ferry, Lincoln
(except consolidated school district 105157~166J and the Lincoln county portion of
common
school district 167-202),
Pend
Oreille, Spokane, Stevens and Whitman;
(18)
The eighteenth district shall encompass the counties of Adams and Grant,
and that portion of Lincoln county comprising consolidated school district 105157-166J and common school district 167202;
(19)
The nineteenth district shall encompass the counties
of
Benton
and
Franklin;
(20)
The twentieth district shall encompass the counties of Asotin, Columbia,
Garfield and Walla Walla;
(21)
The twenty-first district shall
encompass Whatcom county;
(22)
The tventy-seco~ district shall
encompass the present boundaries of the
common school districts of Tacoma and
Peninsula, Pierce county. (1973 1st ex.s.
c
46 § 7; 1969 ex.s. c 223 § 28B.SO.C40.
Prior:
1967 ex.s. c 8 § 4. Formerly RCW
28.85.040.1
~gy~ability--1973
1§1
~§~
£ i£i
28B.50.050
IQll
£Q~~UNITY
EDU£!!IQN-=CREAT~==MEM~~li~--A~
R.Qll!.UEN T--TEgMS==2!!.lillli!I~ PE li lirui
A!Q !!llllill!==REf!OVAh
There is hereby
created the "state board for community
college education", to consist of seven
members, one from each congressional district,
who shall be appointed by the
governor, with the consent of the senate.
The successors of the members initially
appointed shall be appointed for terms of
four years except that any persons appointed to fill a vacancy occurring prior
to the expiration of any term shall be
appointed only for the remainder of such
term.
Each member shall serve until the
appointment and qualification of his successor.
All members shall be citizens and
bona fide residents of the state.
No
member of the college board shall be,
during his term of office, also a
member
of the state board of education, a member
of a K-12 board, a member of the governing
board of any public or private educational
institution,
a member of a
community
college board of trustees, or an employee
of any of the above boards, or have any
direct pecuniary interest in education
within this state.
No member of the college board shall
receive any salary for his services, but
shall
receive the sum of twenty-five
dollars per diem for each day actually
spent in attending to his duties as a
member of the college board, and mileage
at the rate of ten cents per mile.
The members of the college board may be
removed by the governor for inefficiency,
neglect of duty, or malfeasance in office,
in the manner provided by RCW 28B.10.500.
(1973 c 62 § 13; 1969 ex.s. c 261
§ 19;
1969 ex.s. c
223 § 28B.50.050.
Prior:
1967 ex.s. c 8 § 5. Like section formerly
RCW 28.85.050.]
28B.50.060
DIRECTOR Q.£: THE §!ATE SYSTEM OF COMMUNITy--cOLLEGES--APPOINTHENT-TERM-Qj!!1IF!£ATIQNS
~!=
~~==Q!!IIE§~
A director of the state
sys~em
of community colleges shall be
appointed by the college board and shall
serve at the pleasure of the college
board.
He shall be appointed with due
regard to his fitness and background in
education, by his knowledge of and recent
practical
experience in the field of
educational administration particularly in
institutions beyond the high school level.
The college board may also take into
consideration an applicant's proven management background even though not particularly in the field of education.
The director shall devote his time to
the duties of his office and shall not
have any direct pecuniary interest in or
any stock or bonds of any business connected with or selling supplies to the
field of education within this state, in
SALm-ANQ -
See
note follcwing RCW 288.10.704.
[
§TA~ ~!RD
C011~Q~
206
J
COMMUNITY COLLEGE ACT OF 1967
28B. 50.090
------------~-------------------------------------------------------------------------
keeping with chapter 42.18 RCW, the executive conflict of interest act.
He shall receive a salary to be fixed by
the college board and shall be reimbursed
for all traveling and other
expenses
incurred by him in the discharge of his
official duties in accordance with RCW
43.03.050 and 43.03.060, as now or hereafter amended.
He shall be the executive officer of the
college board and serve as its secretary
and under its supervision shall administer
the provisions of this chapter and the
rules, regulations and orders established
thereunder and all other laws of the
state.
He shall attend, but not vote at,
all meetings of the college board.
He
shall be in charge of offices of the
college board and responsible to
the
college
board for the preparation of
reports and the collection and dissemination of data and other public information
relating to the state system of community
colleges. At the direction of the college
board, he shall, together with the chairman of the college board, execute all
contracts entered into by the college
board.
The director shall, with the approval of
the college board:
(1)
Employ necessary
assistant directors of major staff divisions who shall serve at his pleasure on
such terms and conditions as he determines, and
(2) subject to the provisions
of chapter 28E.16 RCW, the higher education personnel law, the director shall,
with the approval of the college board,
appoint and employ such field and office
assistants, clerks and other employees as
may be required and authorized for the
proper discharge of the functions of the
college board and for whose services funds
have been appropriated.
The board may, by written order filed in
its office, delegate to the director any
of the powers and duties vested in or
imposed upon it by this chapter.
Such
delegated powers and duties may be exercised by the director in the name of the
college board. [1973 1st ex.s. c 46 § 8;
1973 c 62 § 14; 1969 ex.s. c 261 § 20;
1969 ex.s. c 223 § 28E.50.060. Prior:
1967 ex.s. c 8 § 6. Like section formerly
RCW 28.85.060.]
~~~ability--1973
~ ~~§~
note following RCW 288.10.704.
£
46~
See
28E.50.070
STATE BOARD FOR COMMUNITY
COLLEGE
EDUCATION-=ORGANIZATION--MEET=
;QgQ~Q~:_ANNoAi--jEPQRr::rrscAL-YEiR~
The governor shall, within thirty days
after April 3, 1967, make the appointments
to the college board.
The college board shall, within thirty
days after its appointment,
organize,
adopt a seal, and adopt bylaws for its
administration, not i~consistent herewith,
as it may deem expedient and may from time
to time amend such bylaws.
At
such
organizational meeting it shall elect from
IMQs
1973 RCW SUPP.
among its members a chairman and a vice
chairman, each to serve for one year, and
annually thereafter shall elect such officers; all to serve until their successors
are appointed and qualified. The college
board shall at its initial meeting fix a
date and place for its regular meeting.
Four members shall constitute a quorum,
and no meeting shall be held with less
than a quorum present, and no action shall
be taken by less than a majority of the
college board.
Special meetings may be called as provided by its rules and regulations.
Regular meetings shall be held at the college
board's established offices in Olympia,
but whenever the convenience of the public
or of the parties may be promoted, or
delay or expenses may be prevented, it may
hold its meetings, hearings or proceedings
at any other place designated by it.
The
college board shall transmit a report in
writing to the governor before December
1st
of each year which report shall
contain a summary of its
proceedings
during the preceding fiscal year, a detailed and itemized statement of
all
revenue and all expenditures made by or on
behalf of the college board, such other
information as it may deem necessary or
useful and any other additional information which may be requested by the governor. The fiscal year of the college board
shall conform to the fiscal year of the
state. [1973 c 62 § 15; 1969 ex.s. c 223
§ 288.50.070.
Prior: 1967 ex.s. c 8 § 7.
Formerly RCW 28.85.070.)
]Q!liQ=-PQ~~g~
!ND
The college board shall
have general supervision and control over
the state system of community colleges.
In addition to the other powers and duties
imposed upon the college board by this
chapter,
the
college board shall be
charged with the following powers,
duties
and responsibilities:
(1)
Review the budgets prepared by the
community
college boards of trustees,
prepare a single budget for the support of
the state system of community colleges and
adult education, and submit this budget to
the governor as provided in RCW 43.88.090;
the coordinating council shall assist with
the preparation of the community college
budget that has to do with vocational
education programs;
(2)
Establish guidelines for the disbursement of funds; and receive and disburse such funds for adult education and
maintenance
and operation and capital
support of the community college districts
in conformance with the state and district
budgets, and in conformance with chapter
43.88 RCW;
(3)
Ensure, through the full use of its
authority:
28E.50.090
~OLLE§]
DU!I~~ 2~~ERALLY~
[ 207 ]
28B.S0.090
HIGHER EDUCATION
--------------------------------------------------(a)
that each community college district shall offer thoroughly comprehensive
educational, training and service programs
to meet the needs of both the communities
and students served by combining, with
equal emphasis, high standards of excellence in academic transfer courses; realistic
and
practical
courses
in
occupational education, both graded and
ungraded; and community services of an
educational, cultural, and recreational
nature;
and adult education:
PROVIDED,
That notwithstanding any other prov~s~ons
of this chapter, a community college shall
not be required to offer a program of
vocational-technical training, when such a
program as approved by the coordinating
council
for occupational education is
already operating in the district;
(b)
that each community college district shall maintain an open-door policy,
to the end that no student will be denied
admission because of the location of his
residence or because of his educational
background or ability; that, insofar as is
practical in the judgment of the college
board, curriculum offerings will be provided to meet the educational and training
needs of the community generally and the
students thereof; and that all students,
regardless of their differing courses of
study,
will be considered,
known and
recognized equally as members of
the
student body: PROVIDED, That the administrative officers of a community college
may deny admission to a prospective student or attendance to an enrolled student
if, in their judgment, he would not be
competent to profit from the curriculum
offerings of the community college, or
would, by his presence or conduct, create
a disruptive atmosphere within the community college not consistent with
the
purposes of the institution;
(4)
Prepare a comprehensive master plan
for the development of community college
education and training in the state; and
assist the office of program planning and
fiscal management in the preparation of
enrollment projections to support plans
for providing adequate community college
facilities in all areas of the state;
(5)
Define and administer criteria and
guidelines for the establishment of new
community colleges or campuses within the
existing districts;
(6)
Establish criteria and procedures
for
modifying district boundary lines
consistent with the purposes set forth in
RCW 28B.50.020 as now or hereafter amended
and in accordance therewith make such
changes as it deems advisable;
(7)
Establish minimum standards to govern the operation of the community colleges with respect to:
(a)
qualifications and credentials of
instructional and key administrative personnel,
except as otherwise provided in
the state plan for vocational education,
[ 208
(b)
internal budgeting, accounting, auditing, and financial procedures as necessary
to
supplement
the
gen~ral
requirements prescribed pursuant to chapter 43.88 RCW,
(c)
the content of the curriculums and
other educational and training programs,
and the requirements, degrees and diplomas
awarded by the colleges,
(d)
standard admission policies.
(8)
Establish and administer criteria
and procedures for all capital construction including the establishment, installation, and expansion of facilities within
the various community college districts;
(9)
Encourage innovation in the development of new educational and training
programs and instructional methods; coordinate research efforts to this end; and
disseminate the findings thereof;
( 1 0)
Exercise any other powers, duties
and responsibilities necessary to carry
out the purposes of this chapter;
(11)
Authorize the various community
colleges to offer programs and courses in
other districts when it determines that
such action is consistent with the purposes set forth in RCW 28B.50.020 as now or
hereafter amended;
(12)
Notwithstanding any other law or
statute regarding the sale of state property, sell or exchange and convey any or
all interest in any community ~allege real
and personal property when it determines
that such property is surplus or that such
a sale or exchange is in the best interests of the community college system.
The college board shall have the power
of eminent domain. (1973 c 62 § 16; 1969
ex.s. c 261 § 21; 1969 ex.s. c 223 §
288.50.090. Prior:
1967 ex.s. c 8 § 9.
Like section formerly RCW 28.85.090.]
~~.Yillil~!g£ability
197 3 f.
notes following RCW 28B.10.200.
.§l.:.
See
28B.50.092
COLLEGE BOARD--PROGRA~ FOR
MILITARY PERSONNEL--~ESTRICTIONS-~S- IQ
~CHQQb ~QMPb~!!ON ~ROGRAM~ The-state
board for community college education may
authorize any community college board of
trustees to do all things necessary to
conduct an education, training, and service program authorized by chapter 28B.50
RCW, as now or hereafter amended, for
United States military personnel at any
geographical location: PROVIDED, That any
high school completion program conducted
pursuant to this section shall comply with
standards set ~rth in rules and regulations promulgated by the superintendent of
public instruction and the state board of
education: AND PROVIDED FURTHER, That the
superintendent of public instruction shall
issue the certificate or diploma in recognition of high school completion education
provided pursuant to this section. [1973
c105§1.]
E!rui
]
COMMUNITY COLLEGE ACT OF 1967
28B. 50.130
----------------------------------~--------------------------------------------------
28s.so.o93
~QLL~~ ~QA~gsg~
XQs
M111IAji g~BSONN~b!A!I!IIQM~ Prior to
the state board granting authorization for
any programs authorized under RCW 28B.50.092, the state board shall determine that
such authorization will not deter from the
primary functions of the community college
system within the state of Washington as
prescribed by chapter 288.50 RCW. [1973 c
105 § 2. ]
28B.S0.094
COLLEG~ ~AR~~Q~AM
~ILITABI ~ll~PHNEL--CQ~TS QI IY!Q~
XQ]
The
costs of funding programs authorized by
RCW 288.50.092 through 288.50.094 shall
ultimately be borne by grants or fees
derived from nonstate treasury sources.
[1973 c 105 § 3.]
288.50.095
COLL~~ 80ARD==li~~!STRATIO]
,HQB~ IHAN ONE ~MUNITY ~Qll~GE, l!.YJ&.§
IQ.!l~
In addition to other powers and
duties, the college board may issue rules
and regulations permitting a student to
register at more than one community college, provided that such student shall pay
tuition and fees as if he were registered
at a single college, but not to exceed
tuition
and fees charged a full-time
student as established by RCW 288.15.500.
[1973 c 129 § 1.]
!I
28B.50.100
CO,H~!II COL1~~~ BOAS~~ Qf
TRUSTEES--CREATED--MEM8ERS--APPOINTMENT-IERMS_ QuALifiCATIO]~==RESTRICI!QNS --- Q!
OTHER
gRV!~li==~.HllRMA]L
~LECTION
2f---::
~!!1_-=]I1A~2L SUL]2 !]~
.!l~ULAIIQNS-=200=
gUM==SECj]TAl!~
There is hereby created a
community college board of trustees for
each community college district as set
forth in this chapter.
Each community
college board of trustees shall be composed of five trustees, who shall be
appointed by the governor. In making such
appointments the governor shall give consideration to geographical exigencies, and
the interests of labor, industry, agriculture, the professions and ethnic groups.
The successors of the trustees initially
appointed shall be appointed by the governor to serve for a term of five years
except that any person appointed to fill a
vacancy occurring prior to the expiration
of any term shall be appointed only for
the remainder of the term.
Every trustee shall be a resident and
qualified elector of his community college
district.
No trustee may be an employee
of the community college system, a member
of the board of directors of any school
district, a member of the governing board
of
any public or private educational
institution, or an elected officer or
member of the legislative authority of any
municipal corporation.
1973 RCW SUPP.
Each board of trustees shall organize
itself by electing a chairman from its
members. The board shall adopt a seal and
may adopt such bylaws, rules and regulations as it deems necessary for its own
government.
Three members of the board
shall constitute a quorum,
but a lesser
number may adjourn from time to time and
may compel the attendance of absent members in such manner as prescribed in its
bylaws, rules, or regulations.
The dis•
trict president, or if there be none, the
president of the community college, shall
serve as, or may designate another person
to serve as, the secretary of the board,
who shall not be deemed to be a member of
the board. (1973 c 62 § 17; 1969 ex.s. c
261 § 22; 1969 ex.s. c 223 § 288.50.100.
Prior:
1967 ex.s. c 8 § 10. Like section
formerly RCW 28.85.100.]
.§~vings
Sg!iU:.sJ2ility~1973 £
notes following BCW 288.10.200.
28B.50.130
~OMMUNITI ~OLL~GE ~Q!l!~
TRQai~~2==0RGA!!Z!I!ON--8Y1!~.§L
RE~ULAliQNS==~.H!IRMAli£
Yl$~
ELECTION
6 2·
-.:::.&.
See
Q!
AN~
~HAI!ll!llL
l!Q1].§
!!~ TERM==SE~!!ET,!!!Y
QUQRUli--ANWithin thirty
days of their appointment or July 1, 1967,
whichever is sooner, the various district
boards of trustees shall organize, adopt
bylaws for its own government, and make
such rules and regulations not inconsistent with this chapter as they
deem
necessary. At such organizational meeting
it shall elect from among its members a
chairman and a vice chairman, each to
serve for one year, and annually thereafter shall elect such officers to serve
until their successors are appointed or
qualified. The chief executive officer of
the community college district, or his
designee, shall serve as secretary of the
board.
Three trustees shall constitute a
quorum, and no action shall be taken by
less than a majority of the trustees of
the
board. The district boards shall
transmit a report in writing to
the
college board before October 1st of each
year which report shall contain a summary
of its proceedings during the preceding
fiscal year, a detailed and
itemized
statement of all revenue and all expenditures made by or on behalf of the district
boards, such other information as it may
deem necessary or useful, and any other
additional information whi~h may be requested by the college board. The fiscal
year of the district boards shall conform
to the fiscal year of the state. [1973 c
62 § 18; 1969 ex.s. c 223 § 288.50.130.
Prior:
1967 ex. s. c 8 § 13. Formerly RCW
28 • 8 5. 13 0. ]
]~!1 REPORT-=II2~!~ YEAS~
g1:.!llil§_-=Sevgg!!ilitY==1.2.ll c
notes fol~oving RCW 288.10.200.
[ 209 ]
62.;_
See
28B.50.140
----------------------~
HIGHER EDUCATION
------------------------------------------------
28B.50.140
COMMUNITY illLEGE ]Q!]~ Q!
TRUST~~§==~Q!]RS ~-nuTIES.
Each community college board of trustees:
(1)
Shall operate all existing community colleges and vocational-technical institutes in its district;
(2)
shall create comprehensive programs
of community college education and training and maintain an open-door policy in
accordance with the provisions of RCW
28B.50.090 (3);
(3)
Shall employ for a period to be
fixed by the board a college president for
each community college, a director for
each vocational-technical institute
or
school operated by a community college, a
district president, if deemed necessary by
the board, in the event there is more than
one college and/or separated institute or
school located in the district, members of
the faculty and such other administrative
officers and other employees as may be
necessary or appropriate and fix their
salaries and duties;
(4)
May establish, under the approval
and direction of the college board, new
facilities as community needs and interests demand;
(5)
May establish or lease, operate,
equip and maintain dormitories, food service facilities, bookstores and other selfsupporting facilities connected with the
operation of the community college;
(6)
!'lay,
with the approval of the college board, borrow money and issue and
sell revenue bonds or other evidences of
indebtedness for the construction 1 reconstruction, erection, equipping with permanent fixtures,
demolition
and
major
alteration of buildings or other capital
assets,
and the acquisition of sites,
rights-of-way, easements, improvements or
appurtenances, for dormitories, food service facilities, and other self-supporting
facilities connected with the operation of
the community college in accordance with
the provisions of RCW 28B.10.300 through
28B.10.330 where applicable;
(7)
May establish fees and charges for
the facilities authorized hereunder, including reasonable rules and regulations
for the government thereof, not inconsistent with the rules and regulations of the
college board; each board of trustees
operating a community college may enter
into agreements, subject to rules and
regulations of the college board,
with
owners
of facilities to be used for
housing regarding the management, operation, and government of such facilities,
and any board entering into such
an
agreement may:
{a)
Make rules and regulations for the
government,
management and operation of
such housing facilities deemed necessary
or advisable; and
(b)
Em_ploy necessary e!llPloyees to govern, manage and operate the same;
(8)
May receive such gifts, grants,
conveyances, devises and bequests of real
or personal property from private sources,
as may be made from time to time, in trust
[ 210
or otherwise, whenever the terms
and
conditions thereof will aid in carrying
out the community college programs as
specified by law and the regulations of
the state college board;
sell, lease or
exchange, invest or expend the same or the
proceeds, rents, profits and income thereof according to the terms and conditions
thereof; and adopt regulations to govern
the receipt and expenditure of the proceeds, rents, profits and income thereof;
{9)
May establish and maintain night
schools whenever in the discretion of the
board of trustees it is deemed advisable,
and authorize classrooms and other facilities to be used for summer or night
schools, or for public meetings and for
any other uses consistent with the use of
such classrooms or facilities for community college purposes;
{10)
May make rules and regulations for
pedestrian and vehicular traffic on prop•
erty owned, operated, or maintained by the
community college district;
{11)
Shall prescribe, with the assistance of the faculty, the course of study
in the various departments of the community college or colleges under its control,
and notwithstanding any other provision of
law, publish such catalogues and bulletins
as may become necessary;
(12)
May grant to every student, upon
graduation or completion of a course of
study, a suitable diploma, nonbaccalaureate degree or certificate;
(13)
Shall enforce the rules and regulations prescribed by the state board for
community college education for the government of community colleges, students
and teachers,
and promulgate such rules
and regulations and perform all other acts
not inconsistent with law or rules and
regulations of the state board fo~ community college education as the board of
trustees may in its discretion deem necessary or appropriate to the administration
of community college districts: PROVIDED,
That such rules and regulations shall
include, but not be limited to, rules and
regulations relating to housing, scholarships, conduct at the various community
college facilities, and discipline: PROVIDED, FURTHER, That the board of trustees
may suspend or expel from community colleges students who refuse to obey any of
the
duly
promulgated
rules
and
regulations;
{14)
May, by written order filed in its
office, delegate to the president
or
district president any of the powers and
duties vested in or imposed upon it by
this chapter.
such delegated powers and
duties may be exercised in the name of the
district board.
(15)
May p€rform such other activities
consistent with this chapter and not in
conflict with the directives of the college board;
(16)
Shall be authorized to pay dues to
any association of trustees that may be
formed by the various boards of trustees;
and
J
COMMUNITY COLLEGE ACT OF 1967
28B.50.200
--------------------------------------------------------------------------------------(17)
Shall perform any other duties and
responsibilities imposed by law or rule
and regulation of the state board.
(1973
c 62 § 19; 1970 ex.s. c 15 § 17. Prior:
1969 ex.s. c 283 § 30; 1969 ex.s. c 261 §
23;
1969 ex.s. c 223 § 28B.50.140; prior:
1967 ex.s. c 8 § 14.
Like
section
formerly RCW 28.85.140.]
28B.50.170
COORQINATING
~QQ!£11
!Q~
Q~UPATIQ]A1
EDUCATIQE==nEM~~B~==APROIPT=
~E]T--T]~]S--QUALJI1£ATIONS
AEQ RE~TRI£=
TIONS
AS TO GOVERNOR'S APPOINTEES--PER
AM~ Mr1u"G"E;-Th;;coor'dinating-coun:
cil for occupational education shall consist of nine voting members. Three of the
members shall be selected by the state
board of education from its membership;
and they shall serve at the pleasure of
the
state board of education.
Three
members shall be selected by the community
college state board from its membership;
and they shall serve at the pleasure of
the state board for community college
education. Three members shall be appointed by the governor, one of whom shall
represent the field of labor, and one of
whom shall represent the field of management, both of whom shall have had recent
actual experience in or association with
the fields of management and labor within
the state to assure their familiarity with
the vocational education needs of management and labor within the state. The
governor's appointees shall serve at his
pleasure.
No member appointed by the
governor shall, during the time he serves
on the council, be a member of any other
education board, state or local.
The
superintendent of public instruction and
the director of the state system
of
community
colleges or their designees
shall serve as nonvoting members of the
council.
The coordinating council shall review
each program and program expenditure of
the director of vocational education prior
to commitment of same.
No voting member of the council shall
receive any salary for his services, but
shall receive the sum of
twenty-five
dollars per diem for each day actually
spent in attending to his duties as a
member of the council, and mileage at the
rate of ten cents per mile. (1973 c 62 §
20;
1969 ex.s. c 283 § 28; 1969- ex.s. c
223 § 28B.50.170.
Prior:
1967 ex.s. c 8
§
17.
Like
section
formerly
RCW
28.85.170.]
oiE'M-
~gyinS§=-Severabi!i1Y==197J
£
62:
See
notes following RCW 28B.10.200.
1973 RCW SUPP.
( 211
A director of vocational education shall
be appointed by the coordinating council
and shall serve at the pleasure of the
coordinating council.
He shall be appointed with due regard to his fitness and
background in education, by his knowledge
of and recent practical experience in the
field of vocational educational administration. The council may also take into
consideration an applicant's proven management background even though not particularly in the field of education.
The director shall devote his entire
time to the duties of his office and shall
not be actively engaged or employed in any
other business,
vocation or employment,
nor shall he have any direct pecuniary
interest in or any stock or bonds of any
business connected with or selling supplies in the field of education in the
state.
He shall receive a salary to be fixed by
the council and shall be reimbursed for
all traveling and other expenses incurred
by him in the discharge of his official
duties in accordance with RCW 43.03.050
and 43.03.060, as
now
or
hereafter
amended.
He shall be the executive officer of the
coordinating council and under the council's supervision shall administer the
provisions of this chapter and the rules,
regulations and orders established thereunder and all other laws of the state
pertaining to vocational education.
He
shall attend,
but not vote at, all meetings of the council.
He shall be in
charge of offices of the coordinating
council and responsible to the council for
the preparation of reports and the collection and dissemination of data and other
public information relating to vocational
education in the state.
At the direction
of the council, he shall, together with
the chairman of the council, execute all
contracts entered into by the coordinating
council.
The director shall, subject to the approval of the coordinating council, pursuant to chapter 41.06 RCW, the state civil
service law, appoint such field and office
assistants, clerks and other employees as
may be required and authorized for the
proper discharge of the functions of the
coordinating council.
The coordinating council may, by written
order filed in its office, delegate to the
director any of the powers and duties
relating to vocational education vested in
or imposed upon it by this chapter and the
federal vocational education acts.
Such
delegated powers and duties may be exercised by the director in the name of the
council.
The coordinating council shall
have the power to cooperate with all
agencies of government, local, state, and
federal, in the promulgation and conducting of public service training with particular reference to fire training and law
enforcement training.
(1973 c 62 § 21;
1969 ex.s. c
223 § 28B.50.200.
Prior:
28B.50.200
HIGHER EDUCATION
--------------------------------------------------------------------------------------1967 ex.s.
28.85.200.]
c
8
§
Cross Reference:
Community education
281.58.247.
20.
Formerly
programs:
RCW
RCW
community college education, to the state
superintendent of public instruction, to
any intermediate school district,
to any
school district, or to any other institutions of higher learning of the state; and
(6)
Leave accumulated by a person in a
community college district or community
college prior to leaving that district or
college may, under the policy of the board
of trustees,
be granted to such person
when he returns to the employment of that
district or college.
[ 1973 c 62 § 22;
1969 ex. s. c 283 § 7.
Formerly RCW
28. 8 5. 55 1 • ]
Z~~2Q~§Q
cross Reference:
community education
28!.58.247.
28B.50.551
1~Afi§
programs:
LEAV] ggoVISIONS
RCW
2]~gALbi~
The board of trustees of each community
college district shall adopt for each
community college under its jurisdiction
written policies on granting leaves to
employees of the district and those colleges, including but not limited to leaves
for attendance at official or private
institutions and conferences,
sabbatical
leaves for academic personnel, leaves for
illness, injury, bereavement and emergencies,
with such compensation as the board
of trustees may prescribe, except that the
board shall grant to all such persons
leave with full compensation for illness,
injury,
bereavement and emergencies as
follows:
(1)
For persons under contract to be
employed, or otherwise employed, for at
least three quarters,
at least fifteen
days, commencing with the first day on
which work is to be performed;
{2)
Such leave entitlement may be accumulated
after the first three-quarter
period of employment at a minimum rate of
five
days per quarter for full time
employees up to a maximum of one hundred
eighty days, and may be taken at any time;
(3)
Leave for illness, injury, bereavement and emergencies heretofore accumulated pursuant to law, rule, regulation or
policy by persons presently employed by
community college districts and community
colleges shall be added to such leave
accumulated under this section;
(4)
Except as otherwise provided in
this section or other law,
accumulated
leave under this section not taken at the
time such person retires or ceases to be
employed by community college districts or
community
colleges
shall
not
be
compensable;
(5)
Accumulated leave for illness,
injury, bereavement and emergencies under
this section shall be transferred from one
coamunity college district or community
college to another, to the state board for
( 212
E]!1!li
£!~]
§]Bilf~
fQE~
IQ
E~J1ALIZ!!JQ]
CO]!!i!f1a
I.Qg IA£.Y1TY i l l _NONAC!l1~t!1f .f~~~
OR
Q2lf!l!B!]
SONNEL--PREMIUM
PAYMENTS--FUTURE
CON-
TRAfTS~ [1969-ex.s:~~23--~-28B:so.56o:
Prior:
1967 ex.s. c 8 §56.
Formerly RCW
28.85.560.) Repealed by 1973 1st ex.s. c
46 § 10, effective June 30, 1974.
28B.50.570
g~,NSIQ] Rb!NS
IQ fQ]Il]g!
IQS I.J&ULI! !.!!Q ]Qllf!Q~t!li f~ga,Q]NEk:::
.fAll].li!§ lOR::::Qn:IO] lOR ]]ji
.fACQ1Il.:.
When the college district boards assume
administration control and occupancy of
the
respective community colleges and
vocational-technical institutes, the faculty and nonacademic personnel employed
therein shall be deemed to remain an
employee of the common school board for
the purpose of any pension plan of such
employees, and shall continue to be entitled to all rights and benefits thereunder
as if they had remained employed by the
common school board.
Until the legislature adopts a new pen~
sian plari for such employees, the district
boards shall deduct from the remuneration
of such employee the amount which such
employee is or may be required to pay in
accordance with the provisions of the
pension
plan of the Washington state
teachers retirement system and the dis•
trict boards shall pay to the retirement
system any amounts required to be paid
under the provisions of such plan by the
employer and the employee.
(2)
Faculty hired by the college district boards after April 3, 1967, who are
members of a teachers'
pension plan in
operation in the state of Washington or
who are members of a nation-wide teachers'
pension plan,
may continue to
retain
membership in such plan if they so elect
and if the election is not inconsistent
with the regulations of such retirement
plan.
Until the legislature adopts a new pension plan for such employees, the district
boards shall deduct from the remuneration
of such employee the amount which such
employee is or may be required to PAY in
accordance with the provisions of the
]
COMMUNITY COLLEGE ACT OF 1967
28B.S0.670
-------------------------------------------------pension plan he has elected to continue
and the college district boards shall pay
to the pension plan any amounts required
to be paid under the provisions of such
plan by the employer and the employee.
[1973 c 62 § 23; 1969 ex.s. c 223 §
28B.50.570. Prior:
1967 ex.s. c 8 § 57.
Formerly RCW 28.85.570.]
~avin£1§~~rabi.!l:.!.Y:::=1973
£
§~,;_
See
notes following RCW 28B.10.200.
28B.50.570
g~NSIO~
gLANS 1Q CONII!Q~
FOR FACULTY AND NONACADEMIC R~RSO~NE1==
PAYMENTS--FOR::OPTION--FOR-NEW FACULTY~!QDY REPORT FO,E PENSION PLAN~-lQ.E fACUL:=
1~
(1969 ex.s. c 223 § 28B.50.570.
Prior: 1967 ex.s. c 8 § 57. Formerly RCW
28.85.570.]
Repealed by 1973 1st ex.s. c
149 § 7, effective July 1, 1974.
B~!i2~~ ~ote:
Section 7, chapter 149,
Laws of 1973 1st ex.s. which repealed RCW
28B.50.570 reads in the last paragraph
thereof:
"Such repeals shall not be construed as
affecting
any existing right acquired
under the provisions of the
statutes
repealed; nor any rule, regulation, or
order adopted pursuant thereto, nor as
affecting any proceeding instituted thereunder." (1973 1st ex.s. c 149 § 7.]
28B.50.571
FACULT!L ~MPLQX~~L RETIR~~
AGE ANNUITY OR. RETIREMENT INCOME
PLANs:~- RULESAND REGY1ATIONS~ -(1969
ei:S:-c 28~§--46:-- Formerly RCW 28.85.571.] Repealed by 1973 1st ex.s. c 149 §
7, effective July 1, 1974.
MENT~OLD
Reviser's note:
For
tion--applyi~g-~o the
section,
see
note
28B.50.570.
rule of construerepeal of
this
following
RCW
28B.50.572
f!CULT!L ~~PLQYE~L £~1IRE=
~~1==FA~Y1IXL ~~PLOY~~L ~ONTRIBU!IQ!~ IQ.:
!ARQ gURCHA~~ QI !!!UIIX OR RETIREMENT
!NCQ!U PLA!:.. [ 1969 ex. s. c --283-§-477
Formerly RCW 28.85.572.] Repealed by 1973
1st ex.s. c 149 § 7,
effective July 1,
1974.
Reviser's note:
For
tionapplying t o the
section,
see
note
28B.50.570.
rule of construerepeal of
this
following
RCW
FA~YbiiL
~~x~~L B~IIRE=
28B.so.s73
~~!T-=~AXI~Y~
STAI~
~OA£]
~ONTRIBUTIO~
TOWARD PURCHASE OF ANNUITY OR RETIREMENT
INCOME PLAN~ -(196~ ei:S:-c-283-§~7
Formerly RCW 28.85.573.] Repealed by 1973
1st ex.s. c 149 § 7, effective July 1,
1974.
£m!ise£:~ ~.i.
tion
applying
1973 RCW SUPP.
to
For
the
rule of construe·
repeal of
this
[ 213
section,
see
28B.50.570.
note
following
RCW
28B.50.574
f~]1TYL EMPLOYEEL
.E~II.E~.:
MENT-MANDATORY
RETIREMENT !§~~
(1969
ex:s:-c-283-§--49.-- Formerly RCW 28.85.574.] Repealed by 1973 1st ex.s. c 149 §
7, effective July 1, 1974.
gevi§gr 1 s note~ For rule of construction
applying to the repeal of this
section,
see
note
following
RCW
2BB.50.570.
28B.S0.575
£:AC]bTYL
EMR,bOY~~L
RE11£~.:
~~~L-=OP.liQ!! 1Q PR~EN1 MEMBER.§ Qf ]~TI,E~.:
~~~1 .§YSTE~.§==RIGHTS YRQ] !ITHDRA!AL
FROM
.§Qs;l! .§YSllljS-=SERVIC~ IN RllLis; ~12Qs;A!IQ].:
,ll EMPLOYMENT UPON ]ETIR~1
Aff~rulf~
PE~!
ill!ITh
[1970 ex.s. c 79 § 2;
ll
1969 ex.s. c 283 § 50.
Formerly RCW
28.85.575.]
Repealed by 1973 1st ex.s. c
149 § 7, effective July 1, 1974.
Reviser's note: For rule of construction---applying--to the repeal of this
section,
see
note
following
RCW
28B.50.570.
28B.50.620
1RA].§FER Ql RECOR12~L ~QJ!JR.:
OR PROPERTY A]] RENDING ~Q.§IN~g Ql:
ABOLISHED AGENCIES OR AGENCIES WHOSE POWERS-~ND- DUTIES-TRANSFERRED==PENDING PROCEEDINGS sAViQ::~Ql'IPb~TioN~[ 1969-ex.
223 § 28B.50.620. Prior: 1967 ex.s. c 8
§ 62.
Formerly RCW 28.85.620.]
Repealed
by 1973 1st ex.s. c 46 § 10, effective
June 30, 1974.
~~]1
s.c:
28B.50.630
I~!NSFE£ OF ,EECORD~L ~QUIR.:
MENT OR R!iQRERIX All R~NG BUSIN~SS Qf
ABOLISHED AGENCIES OR AGENCIES WHOSE POWERS AND-12UTIE2 I.EANSFERRED ORDE£~ RULES
AND REGULATIONS SAVED--EFFECTIVE
UNTIL
B~VOK~12 OR ~QDIFIED~1969 ex.;: c 223§
28B.50.630. Prior: 1967 ex.s. c 8 § 63.
Formerly RCW 28.85.630.] Repealed by 1973
1st ex.s. c 46 § 10, effective June 30,
1974.
28B.50.650
1RANSFE!i Q[ ]~COR12~L EQUJR.:
~.E1
OR .R!iQPERTY AND REN.QING ~Y21.E~SS Ql
ABQ1IS1!~12 !§~NCIES Q] AG~ES li.tlQ.§~
RQ.H.:
~g~
AND DUTJES l]ANSFER,!ti;]=-R~R.QRT.§ £~.:
QY.I!iED BY 1!.!! 1Q BE MADE 1.Q ~] R~.El:OR~~12
BY SUCCESSO_E AGENg~h (1969 ex.s. c 223
§ 28B.50.650.
Prior: 1967 ex.s. c 8 §
65. Formerly RCW 28.85.650.] Repealed by
1973 1st ex.s. c 46 § 10, effective June
30, 1974.
28B.50.670
HIGHER EDUCATION
----------------------------------------------------------gOWER.§ ANQ m2TI.£;~.L VEST,!]§ OF==k]GA1 ]!.=
DUTIES AND RIGHTS SAME.
[ 1969 ex.s. c 223 §-2ss.s0.670:-Prior!
1967
ex.s.
c 8 § 67.
Formerly RCW
28.85.670.] Repealed by 1973 1st ex.s.
c
46 § 10, effective June 30, 1974.
288.50.864
fACULTY IEN~E--APgEA1 !]Q~
DECISION FOR QISMISSAL==RRQfEDU~
Any
faCUlty-member dismissed pursuant to RCW
288.50.850 through 28B.50.B69 shall have a
right to appeal the final decision of the
appointing authority in accordance with
RCW 288.19.150 as now or hereafter
amended.
[1973 c 62 § 24; 1969 ex.s. c 283 §
42.
Formerly RCW 28.85.864.]
fEC!==Q~biGA!.IQNS.L
28B.50.680
TRANSF!S Qf RECORDS, EQUIE.=
~ENI
Q~
~E]]!l Ali~ E]!]l]§ BYSINESS Qf
ABOliSH~ AGENCIES OR A~lli.£;~ ]§OSE
E.Q].=
.£;~
j]Q DQI~ IRANSFERRE~I.£;~~ AN]
OTHB .!;~PLOYEES IQ ~ONTINQ~ ~ll.!.QM.ll!§
.§g.llnqs-~tlgability=-1.211 £
notes following RCW 28B.10.200 •
USUll Q.!!l.il.§ JWTI1 REMOVED 6 AEPOINT!] .IQ
gTHn EQ~.IllQE!.L oR 1Qm.!.ill! .I.MNSFE~~
[1969 ex.s. c
223 § 28B.50.680. Prior:
1967 ex.s.
c 8 § 68.
Formerly
RCW
28.85.680.]
Repealed by 1973 1st ex.s. c
46 § 10, effective June 30, 1974.
28B.52.020
QEFIN!!IONS~
As used in
this chapter:
"Employee organization" means any organization which includes as members the
academic employees of a community college
district and which has as one of its
purposes the representation of the employees in their employment relations with the
community college district.
"Academic employee" means any teacher,
counselor, librarian, or department head,
who is employed by any community college
district, with the exception of the chief
administrative officer of, and any administrator
in,
each
community college
district.
"Administrator" means
any person employed either full or part time by the
community college district and who performs administrative functions as at least
fifty percent or more of his assignments,
and has responsibilities to hire, dismiss,
or discipline other employees.
Administrators shall not be members of
the
bargaining unit unless a majority of such
administrators and a
majority of
the
bargaining unit elect by secret ballot for
such inclusion pursuant to rules
and
regulations as adopted in accordance with
RCW 288.52.080. [1973 1st ex.s. c 205 §
1; 1971 ex.s. c 196 § 2.]
a:
Ql
See
~ANSF~~~ I]QH ~I!TE
]QA~~
~AI~
1~ COMMUNITY
EDUC!ll.Ql!==AllOR.llQ]~.£;1!!
fROCE.=
28B.50.700
EDU£!1IQM
~OLL_!;GE
62:
1Q
lQARQ
DURE--CERTIFICATION
OF
APPORTIONMENTS.
28B. so:7oo:---Ptior!
1967
ex.s.
c 8 § 70.
Formerly RCW
28.85.700.] Repealed by 1973 c 62 § 25.
( 19 6 9
eX.s.-c2D- §
28B.50.710
COMMUN.l11 £Q11.£;§~ SPECIAL
SERVICE REVOLVING FUNDS--DISBURSEMENT OF-TRANSFER~--f1~ex:s:-c-22J-§-28B.50.710:
Prior:
1967 ex.s. c 8 § 71. Formerly RCW
28.85.710.] Repealed by 1973 c 62 § 25.
.§~ing§_~~!~~~!!ility==121l
£
~
see
notes following RCW 28B.10.20C.
~evenbility==1973 1§.1 ~.!.:.§.:.. £ ~Q2.i
"If
any provision of this 1973 amendatory act,
or its application to any person
or
circumstance is held invalid, the remainder of the act, or the application of the
provision to other persons or circumstanc•
es is not affected." [1973 1st ex.s. c
205 § 7.] This applies to RCW 28B.52.020,
28B.52.030, 288.52.035,
28B.52.060, 28B.52.080 and 28B.52.200.
28B.50.780
fQ]!2~
I~
~Q~~Q!.ITY
£Q1.=
1EGES .!Qll!Q.Uill IN lill A~ [ 1969 ex.s.
c 223 § 28B.50.780. Prior:
1967 ex.s. c
8 § 78.
Formerly RCW 28.85.780.]
Repealed by 1973 c 62 § 25.
Savj,nql:f Seyg~bi.H.ll=:::lill £
notes following RCW 28B.10.20C.
62:
See
28B.50.790
~.!llilliHA~.£; Q£:
fQWERS
AND
j2UTll~ !2!!1i1!2 ~.AJ!SITIONA1 PERIOJh. [ 1%9
ex.s. c 223 § 28B.50.790.
Prior:
1967
ex.s.
c 58.§ 1. Formerly RCW 28.85.790.]
Repealed by 1973 c 62 § 25.
~aving§~gverabili.ll==1ill
£.
62:
28B.52.030
NEGOTIATION BY REPRESENTATIVES OF EMPLOYEE -ORGANIZATlON=AUTHORIZED-SUBJECT ~ATTE!h-Representative7 of
an employee organization, which organ~za­
tion shall by secret ballot have won a
majority in an election to represent the
academic employees within its community
college district, shall have the right,
after
using established administrative
See
notes following RCW 28B.10.200.
[
See
Chapter 28 B. 52
NEGOTIATIONS BY ACADEMIC
PERSONNEL--COMMUNITY COLLEGE DISTRICTS
TRANSFER OF APPROPRIATIONS.
28B.50.690
[ 1969 ex. s. c 223-§-2 8 50. 6 9 0:--prior!
1967
ex.s.
c 8 § 69.
Formerly RCW
2 8. 85. 6 9 0 • ] Repealed by 1973 c 62 § 25.
~aving§~~u~ra.Qj.liU==l973 £
notes following RCW 28B.10.200.
.§l.i
214
]
COUNCIL ON HIGHER EDUCATION
Ch. 28B.80
--------------------------------------------------------------------------------------channels, to meet, confer and negotiate
with the board of trustees of the community college district or its
delegated
representative(s)
to communicate the considered professional judgment of the academic staff prior to the final adoption by
the board of proposed community college
district policies relating to,
but not
limited to, curriculum, textbook selection, in-service training, student teaching programs,
personnel,
hiring
and
assignment practices, leaves of absence,
salaries and salary schedules and noninstructional duties.
[1973 1st ex.s. c 205
§ 2: 1971 ex. s. c 196 § 3. ]
2gygr~bili11==121J 121 g~§~ ~ lQa~
note following RCW 28B.52.020.
See
28B.52.035
NE§QTIATI0!2
fi]QQCEQ
TO
WRITTEN AGREEMENTS--RESTRICTIONS. At the
conclusion-of-any-negotiation processes as
provided for in RCW 28B.52.030, any matter
upon which the parties have reached agreement shall be reduced to writing and acted
upon in a regular or special meeting of
the boards of trustees, and become part of
the official proceedings of said board
meeting.
The length of terms within any
such agreement shall be for not more than
three fiscal years.
These agreements will
not be binding upon future actions of the
legislature. [1973 1st ex.s. c 205 § 4.)
2~sl2ility
197,1 1.2.1 g.h§..:. £
note following RCW 28B.52.020.
,lOS~
See
28B.52.060
ADVISORY COMMITTEE--COMPEN.§ATIO.!L-=1!~~-':L REcOMj1]NDi:fiON~::- EF.£:Eci:=:
FACT-FINDING AND MEDIATION ACTIVITIES. In
addition-to -the --authority to -convene an
impasse committee, the director of the
state system of community colleges is
authorized to conduct fact-finding and
mediation activities upon the consent of
both parties as a means of assisting in
the settlement of unresolved matters considered under this chapter.
In the
event that any matter being
jointly considered by the employee organization and the board of trustees of the
community college district is not settled
by the means provided in this chapter,
either party, twenty-four hours
after
serving written notice of its intended
action to the other party, may,
with the
concurrence of the director, request the
assistance and advice of a
committee
appointed by the director. This committee
may make a written report with recommendations to both parties within twenty calendar days of receipt of the request for
assistance.
Any recommendations of the
committee shall be advisory only and not
binding upon the board of trustees or the
employee organization.
The state board for community college
education is authorized to make rules
1973 RCW SUPP.
[
governing the operations of impasse committees.
[1973 1st ex.s. c 205 § 3; 1971
ex.s. c 196 § 5.)
.§g~g~~bi1iiY==1273
1§1
g!~§~ ~ £05~
See
note following RCW 285.52.020.
285.52.080
BOARDS TO ADOPT RULES AND
RE§!!b!ll.Q!!§.~R~UEST- FOfi-DEPA!!.!tl~NT-gg!::
IC]§.~
Boards of trustees of community
college districts shall adopt reasonable
rules and regulations for the administration of employer-employee relations under
this chapter. The boards may request the
services of the department of labor and
industries to assist in the conduction of
certification elections as provided for in
RCW 2BB.52.030. [1973 1st ex.s. c
205 §
5; 1971 ex.s. c 196 § 7.)
2gvera£i1ity==1211 1st g!~§~ ~ £Q2~
note following RCW 285.52.020.
See
28B.52.200
CHAPTER'S
2CO~~
1!tliT~Q~
Nothing in chapter~8B:s2 RCW as now or
hereafter
amended shall compel either
party to agree to a proposal or to make a
concession, nor shall any provision in
chapter 28B.52 RCW as now or hereafter
amended be construed as limiting or precluding the exercise by each community
college board of trustees of any powers or
duties authorized or provided to it by law
unless such exercise is contrary to the
terms and conditions of any lawful negotiated agreement.
[1973 1st ex.s. c 205 §
6. ]
Chapter 28B. 56
1972 COMMUNITY COLLEGES FACILITIES
AID--BOND ISSUE
28B.56.070
]gvi§gr 1 s QQte~
Chapter
28B.56
was
adopted and ratified by the people at the
November 7, 1972 general election
(Referendum Bill No. 31). Governor's proclamation declaring approval of measure is
dated December 7, 1972.
state Constitution Art. 2 §
(d)
provides "· • • Such measure [initiatives and
referendums) shall be in operation on and
after the thirtieth day after the election
at which it is approved • • ·"
Chapter 285.80
COUNCIL ON HIGHER EDUCATION IN THE STATE
OF WASHINGTON
Cross Reference:
Higher education assistance authority,
council may render assistance to:
RCW
285.17.160.
215 ]
Ch. 28B.Bl
HIGHER EDUCATION
--------------------------------------------------------------------------------------Chapter 28B.81
COMMISSION ON HIGHER EDUCATION
29.18.140
Cross Reference:
Higher education assistance authority,
commission may render assistance to:
RCW
Ch~te£
28B.17. 160.
29.21.180
TITLE 29
ELECTIONS
29 • .£1
li.Qll£Srti§ID!
Elec!iOnh
29.21.210
29.21.230
Sections added, amended, or repealed:
s;hap_!g
29~
29.04.030
29.04.095
29.04.100
29.04.110
29.04.120
~.!1§.21
novisi.Q.n§.:.
Prevention and correction of
election frauds and errors.
Definitions for purposes of RCW
29.04.100 through 29.04.120.
Poll books, current precinct
lists--As public records--Copies to voters, use restricted.
Poll books and precinct lists-Furnishing of data upon request--Cost--Use restricted.
Violations of restricted use of
registered voter data--Penalties--Liabilities.
chl!.E~£
29.27.060
Chl!.E.1~f
29. 0]
29.07.060
29.07.065
29.07.070
29.07.080
29.07.090
29.07.092
29.07.095
29.07.140
Re_gistJ;:~llQ!!
oaths--Registration officers
may administer, certify.
Identity of applicant for registration--Establishment--Vating age proof.
Examination of voter as to
qualifications.
oath of applicant--Registrati,on
form-Record.
Signature upon card for secretary of state's file.
New voter registrationAcknowledgment.
Registration of person temporarily residing outside county
of permanent residence.
Specifications for supplies and
equipment--Unified voter registration form--Cost.
Cha,Pj:g 11.:.j.J Ti.!!!.§12 f.£~
~Q,g .frimaries.:.
l!.Q.l~J.rui
ID&£tiQl!§
29.13.047
29.13.075
29.13.080
State, county, city, town, and
district general elections-state-wide general electionExceptions--Special county
elections.
State to assume share of election costs when state measures
voted upon--Procedure.
Elections to fill unexpired
term--Primary dispensed with,
when.
Opening and closing polls.
Chaptg 29.18
Partisan .f£imaries.:.
29.36.060
29.36.065
29.36.097
29.39.010
29.39.030
29.42.040
29.42.050
..Y:oting Machin.ma.:.
29.45.050
!2!~
!.122.@~
!.Qti.ng.:.
How incoming absentee ballots
are handled.
How incoming absentee ballots
are handled--Alternate method.
List of applications for absentee ballots.
"Service voter", "armed
forces", "members of the merchant marine of the United
States", "dependent" defined.
"Election", 11 primary 11 definedAbsentee voters' ballots.
.folitic~ Parti~§.:.
County central committee--Organization meetings.
Precinct committeeman, who is
eligible.
Precinct committeeman--Election--Declaration of candidacy,
fee--Term--Vacancy.
Chapte£ 29.42
216 ]
lf£11.£~
Vote tallying systems--Locations--Ballot cards pick up,
delivery and counting center
procedure.
Chl!.e!li l2.:_42
29.45.060
[
.sl!£
Precinct officers--Instruction
in use of voting machines or
voting device~Compensation.
Q!apte_£ 29. 3§.
29.42.030
29.13.010
s;gtificgte~
29.:.1_g_ !Q:!ing Devi~ M£
Tal.J.yj,.ng 2.Y.§tem§.:.
Qf !.Q.!g§.:.
ill
Certification of measures generally--Ballot titles.
fhl!.EteJ;: 29.:.11
29.33.220
~ri!!!.ll.i.~§.
When no primary in certain offices--Prerequisites-Procedure.
School directors in district
embracing city over one hundred
thousand--Ballots--Form.
School directors in district
embracing city over one hundred
thousand--Names of candidates
to appear on general election
ballot.
ll.:..n
29.34.160
~MJll.ti
Statement of expense of candidate--Penalty.
f~B£1 ~.J.g£tiga
Qfficers.:.
Two or more sets of precinct
election officers, when--counting board or boards--Receiving
board.
Duties--Generally.
29.04.030
GENERAL PROVISIONS
---------~-------------------------~-------------------------~--~--------------
29.45.065
~haEt~t
12.:21 EQlling
.!2!!!:ing Voting
29.51.170
~hapt~t
12.:..2.!! .falling
Voting
s;losj.ng.:.
29.54.050
~ha£1~
29.64.090
29.81.030
29.81.040
.lls~ Re_!l!!latiQQ§
!!.QY~§ and !~
29.81.042
Counting ballots--Procedure
when two or more sets of inspectors and judges appointed.
Rejection of ballots or parts
of ballots.
1.2..:.2!!
ing§.:.
29.64.080
~haE!,g
Pl~~ ji~gy.J&!.i~l!§
!!.QY~§.:.
Write-in voting--Party affilia
tion, when--Nominee to execute
declaration of candidacy, pay
fee.
.!2Y~i!!g
29.54.045
29.81.010
29.81.020
Application of RCW 29.45.050
and 29.45.060 to other primar•
ies or elections.
St~tut~z ji~nt
29.81.043
29.81.050
Proceed-
State-wide measures--Mandatory
recount--Cost at state expense.
State-wide measures--Claims for
expenses incurred.
l2.:..§.§
unj,,!:ed 21stes
29.81.052
29.81.053
~Qngressj,Q.!!.S.!
29.81.100
~iO..!!§.:.
29.68.080
29.68.090
29.68.100
29,68.110
29.68.120
Chan~
29.83.010-29.83.190,
Ch.s,pg~
29.79.040
29.79.050
29.79.080
29.80.010
candidat~~ .fsmP~lets.
[
~ri.mg.§ ~_g gen~lti~.h
Political advertising--Use of
assumed name.
(See note.)
29.04.030
PR~TIQ! ! ] ] ~QE!i]£I1Q! Ql
EL§CT!ON f]!~~~ !!~ ERRORS~
Any justice
of the supreme court, judge of the court
of appeals, or judge of the superior court
in the proper county shall, by order,
require any person charged with error,
wrongful
act or neglect to forthwith
correct the error, desist from the wrongful act, or perform the duty and to do as
the court orders or to show cause forthwith why the error should not be corrected, the wrongful act desisted from, or the
duty or order not performed, whenever it
is made to appear to such justice or judge
by affidavit of an elector that:
(1)
An error or omission has occurred
or is about to occur in printing the name
of any candidate on official ballots; or
(2)
An error other than as provided in
subsections (1) and (3) of this section
has been committed or is about to be
committed in printing the ballots; or
Contents~Publication.
197 3 RCW SUPP.
29.83.900-29.83.9~0.
Chapter 29.04
GENERAL PROVISIONS
Review of initiative measures
by code reviser's office--Certificate of review prerequisite
to assignment of serial number.
Ballot title--Formulation by
attorney general.
Ballot title--Notice to
proponents.
Petitions--Paper--Size-Margins.
12.:..!!2
29.8 5
29.85.270
12.:.12 I!!itiatj.yg and Referendum.
29.79.015
s;bapt~
Vacancy in United states house
of representatives--special
election.
Vacancy in United States house
of representatives--Order calling election--Requisites--Filing period.
Vacancy in United States house
of representatives--Notices of
special primary and special
election.
Vacancy in United States house
of representatives--Precinct
election officers--Who to
serve.
Vacancy in United States house
of representatives--Canvass of
primary--Certification of
nominees.
Contents, how organized.
Explanatory statement by attorney general, appeal, judicial
statement--Arguments and rebuttal statements by committees.
Committee advocating approval
of constitutional amendment,
referendum bill--ftembership-Submission of argument for
printing.
Committee adYocating rejection
of constitutional amendment,
referendum bill--Membership-Submission of argument and rebuttal statements for printing.
Time for submission of arguments to secretary of state.
Transmittal of arguaents by
secretary of state--Rebuttal
arguments.
Committees advocating for and
against initiative aeasures or
referendum petitions--Membership--Submission of arguments
and rebuttal stateaents for
printing.
Time for submission of arguments to secretary of state.
Transmittal of arguments by
secretary of state--Rebuttal
arguments.
Publication of pamphlets--Arrangement of material.
217
}
29.04.030
ELECTIONS
-------~------------
(3)
The name of any person has been or
is about to be wrongfully placed upon the
ballots; or
(4)
A wrongful act other than as
provided for in subsections (1) and (3) of
this section has been performed or is
about to be performed by any election
officer; or
(5)
Any neglect of duty on the part of
an election officer other than as provided
for in subsections (1)
and (3) of this
section has occurred or is about to occur.
An affidavit of an elector under subsections (1) and (3) above when relating to a
primary election must be filed with the
appropriate court no later than the second
Friday following the closing of the filing
period for nominations for such office and
shall be heard and finally disposed of by
the court not later than five days after
the filing thereof. [1973 1st ex.s. c 165
§ 1; 1971 c 81 § 74; 1965 c 9 § 29.04.030.
Prior:
(i) 1907 c 209 § 25, part; RRS §
5202, part.
(ii) 1889 p 407 § 19; RRS §
5276. )
29.04.095
DEFINIT!Q~
FOB fQ]gQ~~ Q!
RCW 29.04.100 THROUGH 29.04.120.
For
po
RCW 29."04. 1oothrough 2 9. 0 4.120, the following words shall have the
following meanings:
(1)
"County auditor" means the county
auditor in any noncharter county and in a
charter county that county official having
the overall responsibility to maintain
voter registration information.
(2)
"Person" means an individual, partnership, joint venture, public or private
corporation, association, state or local
governmental entity or agency
however
constituted, candidate, committee, political committee, political party, executive
committee thereof, or any other organization or
group
of
persons,
however
organized.
(3)
"Political purpose" means a purpose
concerned with the support of or oppos~­
tion to any candidate for any partisan or
nonpartisan office or concerned with the
support of or opposition to any ballot
proposition or issue; "political purpose"
includes, but is not limited to, such
activities
as the advertising for or
against any candidate or ballot measure or
the solicitation of financial support.
( 1973 1st ex. s. c 111 § 1. ]
pur sesof-
29.04.100
~211 BOQ~~ ~~!I ~~~I
LISTS--AS PUBLIC RECORDS~COPIES IQ VOT=
~Rs:-~~ -RE,§TRICTED~-AllPOll books or
current precinct lists of registered voters shall be public records and be made
available for inspection under such reasonable
rules and regulations as the
county auditor may prescribe. The county
auditor shall promptly furnish copies of
any poll books or current precinct list of
registered voters in his possession, at
actual reproduction cost, to any person
requesting such copies:
PROVIDED, That
such lists and books shall not be used for
the purpose of mailing or delivering any
advertisement or offer for any property,
establishment, organization, product or
service or for the purpose of mailing or
delivering any solicitation for money,
services or anything of value:
PROVIDED,
HOWEVER, That such lists and books may be
used for any political purpose. ( 1973 1st
ex.s. c 111 § 2; 1971 ex.s. c 202 § 3;
1965 ex.s. c 156 § 6.]
29.04.110
~11
~~~
!ND ~R~CI!£1
1!STS--FURNISH!N2 OF DA!! UPON B~QQ~
CO§.!=~~
RE§.IliiCniL:.
A reproduction of
any form of data storage, in the custody
of the county auditor, for poll books and
precinct lists of registered voters, including magnetic tapes or discs, punched
cards, and any other form of storage of
such books and lists, shall at the written
request of any person be furnished to him
by the county auditor pursuant to such
reasonable rules and regulations as the
county auditor may prescribe, and at a
cost equal to the county's actual cost in
reproftucing such form of data storage.
Any data contained in a form of storage
furnished under this section shall not be
used for the purpose of mailing or delivering any advertisement or offer for any
property,
establishment,
organization,
product or service or for the purpose of
mailing or delivering any solicitation for
money, services or anything of value:
PROVIDED, HOWEVER, That such data may be
used for any political purpose. Whenever
the county auditor furnishes any form of
data storage under this section, he shall
also furnish the person receiving the same
with a copy of RCW 29.04.120. [ 1973 1st
ex • s • c 111 § 3 • )
29.04.120
B~GISTERED
BILITIES~
( 1)
OF
ll.Qbll~
Q!
~B!.ill~
ill
VOTER DATA--PENALTIES=-LIA=
Any person who uses registered voter data furnished under
RCW
29.04.100 or 29.04.110 for the purpose of
mailing or delivering any advertisement or
offer for any property, establishment,
organization, product, or service or for
the purpose of mailing or delivering any
solicitation for money, services, or anything of value shall be liable to each
person provided such advertisement
or
solicitation, without his consent, for the
nuisance value of such person having to
dispose of it, which value is herein
established at five dollars for each item
mailed or delivered to his residence:
PROVIDED, That any person who mails or
delivers any advertisement, offer or solicitation for a political purpose shall
not be liable under this section, unless
he is liable under subsection (2).
For
purposes of this subsection, two or more
attached papers or sheets or two or more
papers which are enclosed in the same
eQVelope or container or are folded together shall be deemed to constitute one
[ 218 ]
REGISTRATION OF VOTERS
29.07.080
---------------------------------------------------------item. Merely having a mailbox or other
receptacle for mail on or near his residence shall not be any indication that
such
person consented to receive the
advertisement or solicitation.
A class
action may be brought to recover damages
under this section and the court may award
a reasonable attorney's fee to any party
recovering damages under this section.
(2) It shall be the responsibility of
each person furnished data under
RCW
29.04.100 or 29.04.110 to take reasonable
precautions designed to assure that the
data is not used for the purpose of
mailing or delivering any advertisement or
offer for any property, establishment,
organization, product or service or for
the purpose of mailing or delivering any
solicitation for money, services, or anything of value: PROVIDED, That such data
may be used for any political purpose.
Where failure to exercise due care in
carrying out this responsibility results
in the data being used for such purposes,
then such person shall be jointly and
severally liable for damages under the
provisions of subsection (1)
of
this
section along with any other person liable
under subsection (1) of this section for
the misuse of such data. [1973 1st ex.s.
c111§4.]
Chapter 29.07
REGISTRATION OF VOTERS
29.07.060
OATHS--REGI~l£!IION OFF!£!S~
ADMINISTE]L fER!IFY~ The registration
officers including deputized clerks, after
they themselves have taken and subscribed
to the oath prescribed for them, may
administer such oaths and certify to the
oath on such affidavits as are required in
the procedure of registration of voters.
( 1973 1st ex.s. c 21 § 1; 1971 ex.s. c 202
§ 8; 1965 c 9 § 29.07.060. Prior:
(i)
1939 c 82 § 1, part; 1933 c 1 § 4,
part:
RRS § 5114-4, part.
(ii) 1947 c 68 § 3,
part; 1933 c 1 § 11, part; Rem. Supp. 1947
§ 5114-11, part; prior: 1921 c 177 § 7.
part: 1915 c 16 § 8, part; 1901 c 135 § 4,
part: 1893 c 45 § 3, part; 1889 p 416 § 8,
part: RRS § 5126, part.]
~!I
29.07.065
I~~NTIT!
Qf
ARPLICANT
FO]
B~GISTRATION--ESTABLISHME]T-VOTI]§
AG]
RBQOF~
In addition to other information
required by this chapter, each applicant
for registration shall establish his identity,
unless personally known by the
registration officer, by producing
at
least one of the following items:
(1) A social security card containing
the applicant's signature. Whenever the
social security record is so used, t.he
registration officer shall enter the applicant's social security number upon the
appropriate registration forms:
1973 RCW SUPP.
(2) A driver's license which contains
the signature and/or a photograph of the
appl~cant:
(3) A valid Washington state identicard;
(4) A nationally or regionally known
credit
card
containing the signature
andjor photograph of the applicant;
(5) An identification card issued by the
United States, any state or any agency of
either, of a kind commonly used to identify the members or employees of
such
government agencies (including military
I.D. cards), and which contain the signature
and/or
the
photograph
of the
applicant.
In addition,
whenever the registration
officer has a doubt as to whether the
applicant is of legal voting age, such
officer may require the applicant
to
produce a record which establishes date of
birth.
Failure to produce such identification
at the time of registration as set forth
in this section shall not deter the act of
registration:
PROVIDED, That registration
officials shall indicate on the registration form by checking either "identification
produced" or "identification not
produced". [ 1973 1st ex.s. c 21 § 2.]
29.07.070
EXAMINATION OF YQIER !a IQ
QYALIFICAIIQ]a~~he-registration officer
shall interrogate the applicant for registration, concerning his qualifications as
a voter of the state, and of the county,
city, town, and precinct in which he
applies for registration, requiring him to
state:
(1) The previous address of the last
former registration of the applicant as a
voter in the state;
(2) His full name:
(3) Date of birth;
(4) Place of residence, street and number, if any, or post office or rural mail
route address:
(5) Whether he is a citizen of the
United States.
Answers to all questions shall be inserted on a single registration form to be
prescribed by the secretary of state.
(1973 1st ex.s. c 21 § 3; 1971 ex.s. c 202
§ 9; 1965 c 9 § 29.07.070.
Prior: 1947 c
Rem.
68 § 3, part: 1933 c 1 § 11, part;
Supp. 1947 § 5114-11, part: prior:
1921 c
177 § 7, part: 1915 c 16 § 8, part: 1901 c
135 § 4, part: 1893 c 45 § 3, part; 1889 p
416 § 8, part: RRS § 5126, part.]
29.07.080
QA!li OF APPLICANT--REGISTRAIIQ] FoRM--R~cQR~ --The--registrar--shall
note the sex of the applicant on the
registration form.
He shall then require
the applicant to sign an oath in the
following form: "I, the undersigned, on
oath or affirmation, do hereby declare
that the facts set forth herein relating
to my qualifications as a voter, recorded
by the registration officer in my presence, are true.
I further certify that I
[ 219 ]
29.07.080
ELECTIONS
------------------------am not presently denied my civil rights as
a result of being convicted of an infamous
crime and that I will be at least eighteen
years of age at the time of voting"; and
the registration officer shall sign and
date such oath in verification of the fact
that the same was signed and sworn to
before him in the following form: "Subscribed and sworn to before me this
day of _
, 19 __ , - - - - - - Regis:
tration Officer".
Otherwise the registration officer shall
refuse to register the applicant.
Upon
receipt of the registration record, the
county auditor shall note on the record
all of the identifying code numbers and
precinct in which the applicant resides.
( 1973 1st ex.s. c 21 § 4; 1971 ex.s. c 202
§ 10; 19 6 5 c 9 § 2 9. 0 7. 0 8 0. Prior:
19 3 3
c 1 § 12; RRS § 5114-12.]
29.07.090
SIGNATURE UPON CARD FOR SECRETARY OF §TATE~ FILE~At-the time-of
registering any voter, each registration
officer shall require him to sign his name
upon a card containing spaces for his
surname followed by his given name or
names and the name of the county and city
or town, with post office and street
address, and the name or number of the
precinct, in which the voter is registered. [1973 1st ex.s. c 21 § 5;
1971
ex.s. c 202 § 11; 1965 c 9 § 29.07.090.
Prior: 1933 c 1 § 13, part; RRS § 511413, part.]
NEW WIDi ~§TRAIW==!£=.
The county auditor shall
acknowledge each new voter registration by
sending to the voter, by first class
nonforwardable mail, a card identifying
his current precinct and containing such
other information as may be prescribed by
the secretary of state. [1973 c 153 § 2.]
29.07.092
KNOWLEPGMENT~
29.07.095
~GI~TR!IIOM
OF PERSON TEMPORARIL! RE~IDING OUTSIDE COUNTY OF RERMA=
NENT RESIDENCE.
Any person temporarily
residing outside of the county of his
permanent residence, but within the state
of washington, may register with
the
registration officer of the place where he
is temporarily residing in the
usual
manner as required in this chapter. The
registration officer administering
the
oath and receiving the application and
registration forms as provided in RCW
29.07.060 through 29.07.090 shall transmit
the same to the county auditor of the
county where the applicant permanently
resides for processing in the same manner
as though the applicant had personally
applied directly to the registration officer of his residence.
Notwithstanding the prov~s~ons of RCW
29.07.160
the registration application
shall be received and acted upon immediately by the registration officer of the
[
place of permanent residence of the applicant if the application was received and
oath administered by the
registration
officer at the place of temporary residence not less than thirty days preceding
the next election. (1973 1st ex.s. c 21 §
6; 1971 ex.s. c 202 § 12; 1965 c 9 §
29.07.095. Prior:
1957 c 251 § 13.]
29.07.140
AN~
gruflQ!IO~
lOR
SUPtlll.§.
EQUIPMEN!==UNIFl]~ VO!~g ~lST~!IlQ]
FORM--COST. The secretary of state shall
prescribe the specifications, including
style, form, color, quality and dimensions,
for the cards, records, forms,
lists, binders, cabinets or other supplies
to be used in recording and maintaining
voter registration records.
The secretary of state shall design a
unified voter registration form compatible
with existing records which will allow the
preparation, by the registration officer
or other public officer from a single card
or paper, of all the voter registration
forms required by law, as of July 16,
1973, to be completed by the registering
voter, so that the registering voter need
sign only one form and need write out
required information other than his signature no more than one time.
This form shall also contain the information necessary to permit the voter to
transfer his registration as provided by
RCW 29.10.020, as it now exists or is
hereafter amended. All registration forms
necessary to carry out the registration of
voters
as
provided by RCW 29.07.060
through 29.07.095 shall be furnished by
the state of Washington without cost to
the respective county auditors.
He shall notify each county auditor what
the specifications are, and they must in
their procurement and use comply with
them. [1973 1st ex.s. c 21 § 7; 1971
ex.s. c 202 § 18; 1965 c 9 § 29.07.140.
Prior:
(i) 1933 c 1 § 30; RRS § 5114-30.
(ii)
1933 c 1 § 13, part; RRS § 5114-13,
part.]
Chapter 29.13
TIMES FOR HOLDING ELECTIONS AND PRIMARIES
29.13.010
~!I~
COUNTYL £!IlL IQ!BL
ANQ DISTRICT GENERAL ELECTIONS--STATE-WIDE
~£IroN EicEPTioNs::sPEciA1
GENER.!b
£QQ!TY ELEC!IQH~
All state,
county,
city, town, and district general elections
for the election of federal, state, legislative,
judicial, county, city, town,
district, and precinct officers, and for
the submission to the voters of the state
of any measure for their adoption and
approval or rejection, shall be held on
the first Tuesday after the first Monday
of November, in the year in which they may
be called. A state-wide general election
shall be held on the first Tuesday after
the_first Monday of November of each year:
PROVIDED,
That the state-vide general
220 ]
29.21.180
NONPARTISAN PRIMARIES AND ELECTIONS
--------------------------------------------------------------------------------------election held in odd-numbered years shall
be limited to (1) city, town, and district general elections as provided for in
RCW 29.13.020, or as otherwise provided by
law; (2)
the election of federal officers
for the remainder of any unexpired terms
in the membership of either branch of the
congress of the United States; (3)
the
election of state and county officers for
the remainder of any unexpired terms as
provided for in Article II, section 15,
Article III, section 10, and Article IV,
sections 3 and 5 of the state Constitution
and RCW 2.06.080;
(4)
the election of
county officers in any county governed by
a charter containing provisions calling
for general county elections at this time;
and (5)
the approval or rejection of
state measures, including proposed constitutional amendments, matters pertaining to
any proposed constitutional convention,
initiative measures and referendum measures proposed by the electorate, referendum bills, and any other matter provided
by the legislature for submission to the
electorate:
PROVIDED FURTHER, That this
section shall not be construed as fixing
the time for holding primary elections, or
elections for the recall of county, city,
town, or district officers: PROVIDED HOWEVER, That the board of county commissioners may, if they deem an emergency to
exist, call a special county election at
any time by presenting a resolution to the
county auditor at least forty-five days
prior to the proposed election date.
Such
county special election shall be noticed
and conducted in the manner provided by
law. [1973 2nd ex.s. c 36 § 1; 1973 c 4 §
1; 1965 c 123 § 2; 1965 c 9 § 29.13.010.
Prior: 1955 c 151 § 1; prior:
{i) 1923 c
53 § 1; 1921 c 61 § 1; RRS § 5143.
(ii)
1921 c 61 § 3; RRS § 5145.]
September primary election shall be held
in the odd-numbered year if, after the
last day allowed for candidates to withdraw, either of the following circumstances exist:
{1)
No more than one candidate of each
qualified political party has filed a
declaration of candidacy for the same
partisan office to be filled; or
(2)
No more than two candidates have
filed a declaration of candidacy for a
single nonpartisan office to be filled.
In either event, the officer with whom
the declarations of candidacy were filed
shall immediately notify all candidates
concerned and the names of the candidates
that would have been printed upon the
September primary ballot, but for the
provisions of this section, shall
be
printed as nominees for the positions
sought upon the November general election
ballot. [1973 c 4 § 3.]
29.13.047
STATE IQ !SSQn~ §HAR! Ql
ELECTION CO§!§ -WHEN §TATE MEASU.!!ES VOTE.Q
QPON-=PR0£!12¥RE~
Whenever state measures
are voted upon at a state general election
held in November of an odd-numbered year
as provided for in RCW 29.13.010, the
state of Washington shall assume
its
prorated share of such election costs.
The county auditor shall apportion the
state's share of such expenses when prorating election costs as provided under
RCW 29.04.020 and 29.13.045 and shall file
such expense claims with the state auditor. The state auditor shall compile such
claims for presentation to the next succeeding legislature in the same manner as
other legislative relief claims. [1973 c
4 § 2.]
DIDA£!==f~I_Y. -[1965 ex.s:-C1s0--§-9;
1965 c 9 § 29.18.140. Prior: 1909 c 82 §
29.13.075
ELECTIQNS lQ f!11 UNEXPIRE.Q
TERM--PRIMARY DISPENSED WITHL !liEN. Whenever--r~-Shall~--necessary to hold a
special election in an odd-numbered year
to fill an unexpired term of any office
which is scheduled to be voted upon for a
full term in an even-numbered year, no
1973 RCW SUPP.
[ 221
29.13.080
OP~IN§ !!12
~!Q
EQ11§~
At all primaries and elections, general or
special, in all counties the polls must be
kept open from seven o'clock a.m. to eight
o'clock p.m.
All qualified electors who
are at the polling place at eight o 1 clock
p.m., shall be allowed to cast their
votes. [1973 c 78 § 1; 1965 ex.s. c 101 §
13; 1965 c 9 § 29.13.080. Prior:
(i) 1921
c 61 § 7; RRS § 5149.
(ii) 1921 c 170 §
5; RRS § 5154.
(iii) 1921 c 178 § 7; 1907
c 235 § 1; 1889 p 413 § 35; RRS § 5319.
(iv) 1919 c 163 § 16, part; 1907 c 209 §
11. part; RRS § 5194, part.]
Chapter 29.18
PARTISAN PRIMARIES
29.18.140
STATEMENT OF EXPENSE OF CAN-
9; 1907 c 209 § 30; RRS § 5206.] Repealed
by 1973 c 1 § 50 (Initiative Measure No.
276 §50). Effective January 1, 1973.
Reviser's UQ~l RCW 29.18.140 was also
repealed-by 1972 ex.s. c 98 § 20 (Referendum Bill No. 25) which was referred to and
ratified by the people at the Nov. 7, 1972
general election. section 50 of Initiative
Measure No. 276 which was approved at the
same election repealed 1972 ex. sess. c 98
and Referendum Bill No.
25.
See RCW
42.17.940.
Chapter 29.21
NONPARTISAN PRIMARIES AND ELECTIONS
29.21.180
WHEN NO PRIMARY IN ~!Bl!l!
.QlflCE.s.-.PREREQYISITES--RRO~EDUR]~
No
primary shall be held relating to the
office of state superintendent of public
instruction or, except for school districts
of the first class having an
]
29.21.180
ELECTIONS
-------~----------------------------
enrollment of fifty thousand pupils or
more in class AA counties, officers of
other first class school districts if,
after the last day allowed for candidates
to withdraw, there are no more than two
candidates filed for each position to be
filled.
In such event all candidates
concerned shall be notified.
Names of
candidates that would have been printed
upon the primary ballot, but for the
provisions of this section, shall
be
printed upon the general election ballot
alphabetically in groups under the designation of the respective titles of the
offices for which they are candidates.
[1973 2nd ex.s. c 21 § 7; 1970 ex.s. c 10
§ 2.
Prior:
1969 ex.s. c 283 § 58;
1969
c 131 § 1; 1965 c 9 § 29.21.180; prior:
1959 c 247 § 1; 1955 c 101 § L ]
~~erabj,lity
1973 ~ ll.J..2.:. £ ll.i
note following RCi 28A.57.312.
See
29.21.210
SCHOOb Rl~~ IN QI~IRI~I
El'lB.UCI].Q £!!! Q.!IDi Q.@ l!YNDRED !!!OUSAND-::
BALLOI~==KQ~~.J.
Except for school districts of the first class having
an
enrollment of fifty thousand pupils or
more in class AA counties, the positions
of school directors for school districts
embracing a city of over one hundred
thousand population and the candidates
therefor shall appear separately on the
nonpartisan ballot in substantially the
following form:
SCHOOL DIRECTOR ELECTION BALLOT
To vote for a person make a cross (X) in
the square at the right of the name of the
person for whom you desire to vote.
School District Directors
••••••••••••••••••••••• to be nominated
No. 1
Vote for One
.......................................0
.•••...•••••.•.••••••.••••.......••.. 0
•.••..•...•...•••••..•.••.........••. 0
No. 2
Vote for one
••••••••••••••••••••••••••••••••••••• 0
..•••.....•....•..•.••.•..•••..•..•.• 0
••••••••••••••••••••••••••••••••••••• 0
To Fill Unexpired Term
No.
_
2 (or 4) year term
Vote for one
...................................... 0
...................................... 0
....................................... 0
(1973 2nd ex.s. c 21 § 8; 1969 c 131 § 2;
1965 c 9 § 29.21.210.
Prior:
1959 c 247
§ 5. ]
lli
Se~grability--1211 £nd g~ £
note following RCW 28A.57.312.
29.21.230
SCHOOL DIRECTORS IN DISTRICT
EMlm!£m ~In QvE~ oNE .H!JNDRE!l
NAlti!~
See
.QI Q.@1DA.TI;_2 TO A.,fgEA_E
Ifiousiin-:
Ql!
GE]l;_EU
jLEC!IQl! ]AbbOT.!.
Except for school districts of the first class having
an
enrollment of fifty thousand pupils or
more in class AA counties, the name of the
person who receives the greatest number of
votes and of the person who receives the
next greatest number of votes at the
primary for a school district position of
school director for school districts embracing a city of over one hundred thousand
population
shall appear on the
general election ballot under the designations therefor:
PROVIDED, That if any
candidate for a position receives a majority vote, his name alone shall be placed
on the general election ballot for that
position.
(1973 2nd ex.s. c 21 § 9; 1969
c 131 § 3; 1965 c 9 § 29.21.230.
Prior:
1959 c 247 § 7.]
~g~rabiJ.i:U==J.273
l!!Q ll.J..2.J. £
note following RCW 28!.57.312.
£1~
See
Chapter 29.27
CERTIFICATES AND NOTICES
29.27.060
CERTIFICATION
Ql ~~b§Q~~§
GE].j,MLLL BULOI TITLES~--When a proposed
constitution or constitutional amendment
or other question is to be submitted to
the people of the state for state-wide
popular vote, the attorney general shall
prepare a concise statement posed as a
question and not exceeding twenty words
containing the essential features thereof
expressed in such a manner as to clearly
identify the proposition to be voted upon.
Questions to be submitted to the people
of a county or municipality shall also be
advertised as provided for nominees for
office, and in such cases there shall also
be printed on the ballot a concise statement posed as a question and not exceeding
twenty words containing the
essential
features
thereof expressed in such a
manner as to clearly identify the proposition to be voted upon, which statement
shall be prepared by the city attorney for
the city, and by the prosecuting attorney
for the county or any other political
subdivision
of the state, other than
cities, situated in the county.
Such concise statement shall constitute
the ballot title. The secretary of state
shall certify to the county auditors the
ballot title for a proposed constitution,
constitutional amendment or other statewide question at the same time and in the
same
manner as the ballot titles to
[ 222 ]
VOTING DEVICES AND VOTE TALLYING SYSTEMS
29.34.160
-----------------------------------------------------------------------( 1973 1st
initiatives and referendums.
ex.s. c 118 § 1; 1965 c 9 § 29.27.060.
Prior: 1953 c 242 § 1; 1913 c 135 § 1 ;
1889 p 405 § 14; RRS § 5271.]
Chapter 29.33
VOTING MACHINES
29.33.220
.'UQI
ll
QSE
~f!B~I
Ql: !Qnlffi
REVICES--COMPENSA1JQ]~
Q111~~R~==l!~Q~=
l1ACHJ]~.§ !ill !.Qll]g
Before each primary election at which voting machines or
voting devices are to be used or more
frequently as the custodian deems necessary, the custodian shall instruct all
inspectors, judges, and clerks of election
who are tc serve thereat in the use of the
machine or voting device and their duties
in connection therewith. He shall give to
each inspector and judge who has received
instruction and is fully qualified to
conduct the election with a machine or
voting device a certificate to that effect.
For the purpose of instruction, the
custodian shall call such meetings of the
inspectors and judges as may be necessary.
Every inspector and judge shall attend the
meetings and receive instruction in the
proper conduct of the election with a
machine or voting device. As compensation
for the time spent in receiving instruction each inspector and judge who qualifies and serves in the election shall
receive an additional two hours • compen·sation to be paid to him at the same time
and in the same manner as compensation is
paid him for his services on election day.
No inspector or judge of election shall
serve in any primary or general election
at which a voting machine or voting device
is used unless he has received the required instruction and is fully qualified
to perform his duties in connection with
the machine or voting device and has
received a certificate to that effect from
the custodian of the machines or voting
devices: PROVIDED, That this shall not
prevent the appointment of an inspector,
or judge of election to fill a vacancy in
an emergency. [1973 c 102 § 1; 1971 ex.s.
c 124 § 1; 1965 c 9 § 29.33.220.
Prior:
1955 c 168 § 3; prior:
1915 c 114 § 4,
part; 1913 c 58 § 9, part; RRS § 5308,
part.]
Chapter 29.34
VOTING DEVICES AND VOTE TALLYING SYSTEMS
29.34.160
!OT~ TALLYING ~!~1~1Qf!=
.'UQNS--BAlim CARD~ RJCK UP.L .R.llill!U llll
COUNTING CENTER PROCEDURE.
The county
auditor- shair--determine~he location of
each vote tallying system under his jurisdiction and the number of ballot card
precincts assigned to each. such facility
shall be known as the "counting center"
1973 RCW SUPP.
and may be located wherever in the judgment of the county auditor best serves the
voters.
The procedure for picking up voted ballot cards at the
respective
polling
places,
the delivery of same to the
counting centers, and the procedure at the
counting centers shall include but not be
limited to the following provisions:
(1)
On the day of the election and at
the direction of the county auditor, a
representative of each major political
party shall together stop at each polling
place and pick up one or more metal boxes,
previously sealed by the precinct election
officers, and containing the voted ballot
cards for the delivery of same to the
counting center. There may be as many as
two such stops at each polling place
provided that the first stop is not made
prior to 2:00 p.m. and the second stop is
made after the polls have been closed to
voting.
(2)
All proceedings at the counting
center shall be under the direction of the
county auditor and under the observation
of two election officers, who shall not be
of the same political party. A£ter the
polls have been closed to voting,
such
proceedings shall be open to the public,
but no persons except those employed and
authorized for the purpose shall touch any
ballot card or ballot container.
If upon
breaking the seals and opening the containers, it is found that any ballot is
damaged or defective so that it cannot
properly be counted by the
automatic
tabulating equipment, a true duplicate
copy shall be made of the damaged ballot
in the presence of witnesses and substituted for the damaged ballot.
All such
damaged ballots shall be kept by the
county auditor until sixty days after the
primary or election concerned.
The ballot cards picked up during the
polling hours may subsequently be counted
before the polls have closed:
PROVIDED,
That all such election returns must be
held in secrecy in the same manner as the
count of paper ballots during polling
hours as provided by RCW 29.54.030.
Any
person revealing any election returns to
unauthorized persons prior to the close of
the polls shall be subject to the same
penalties as provided by RCW 29.54.035;
(3)
The secretary of state shall prescribe rules and regulations for
the
testing of the vote tallying system prior
to the day of the election to ascertain
that the equipment will correctly count
the votes cast for all offices and on all
measures.
However, such test shall be
observed by at least two election officers,
who shall not be of the same
political party, and shall be open to
representatives of the political parties,
candidates, the press and the public. The
test shall be conducted by processing a
pre-audited group of ballots so punched or
marked as to record a predetermined number
of valid votes for each candidate and on
each measure, and shall include for each
[ 223 ]
29.34.160
ELECTIONS
office one or more ballots which have
votes in excess of the number allowed by
law in order to test the ability of the
automatic tabulating equipment to reject
such votes.
If any error is detected, the
cause therefor shall be ascertained and
corrected and an errorless count shall be
made
before
the automatic tabulating
equipment is approved. The test shall be
repeated immediately before the start of
the official count of the ballots in the
same manner as set forth above.
On the day of the election, two election
officers, not of the same political party,
shall be stationed at the counting center
throughout the official count. such persons, upon mutual agreement, may request
that the tabulating equipment be stopped
as many as three times during the official
count so that the accuracy of the proceedings can be again verified at such unscheduled stops by the count of the preaudited group of ballots.
(4)
The returns printed by the automatic tabulating equipment, to which has been
added the count of write-in and absentee
votes, shall constitute the official returns of each precinct or election district. (1973 1st ex.s. c 70 § 1i 1967
ex. s. c 109 § 27. ]
Chapter 29.36
ABSENTEE VOTING
!!Q! !NCOM.!!ili MillTEE ~
HANDLED.
The opening and canvassing of absentee ballots cast at any
primary or election, special or general,
may begin on or after the tenth day prior
to such primary or election: PROVIDED,
That the opening of the inner envelopes
and
actual counting of such absentee
ballots shall not commence until after
8:00 o'clock p.m. on the day of the
primary or election but must be completed
on or before the tenth day following the
primary or election: PROVIDED, That when
a state general election is held, the
canvassing period shall be extended to and
including the fifteenth day following such
election.
This section shall supersede the provisions of any and all other statutes,
whether general or special in nature,
having different dates for counting and
canvassing of absentee ballots.
The canvassing board or its duly authorized representatives shall examine the
postmark, receipt mark and statement on
the outer envelope containing the absentee
ballot and verify that the voter's signature thereon is the same as that on the
original application.
The board
then
shall open_ each outer envelope postmarked
or received (if not delivered by mail) not
later than the primary or election day and
upon which the statement has been executed
29.36.060
LOT~
!£1
according to law in such a way as not to
mar the statement, and remove therefrom
the inner envelope containing the ballot.
The inner envelopes shall be initialed
by the canvassing board or its
duly
authorized
representatives.
The inner
envelopes thus initialed must be filed by
the county auditor under lock and key,
The outer envelopes to which must be
attached the corresponding original absentee voters• certificates shall be sealed
securely in one package and shall be kept
by the auditor for future use in case any
question should arise as to the validity
of the vote. [1973 c 140 § 1; 1965 c 9 §
29.36.060.
Prior:
1963 ex.s. c 23 § 5;
1955 c 167 § 7; 1955 c 50 § 2; prior:
1933 ex.s. c 41 § 5, part; 1921 c 143 § 6,
part; 1917 c 159 § 4, part; 1915 c 189 §
4, part; RRS § 5285, part.)
29.36.065
HOJ! ll~!lli USENT~~ Mk:
LO!§. i l l !!.!lUH~ED=llTE!llill£! n!!!i2Q.~ As an
alternative to the procedure set forth in
RCW
29.36.060,
the county canvassing
board, or its duly authorized representatives, may elect not to initial the inner
envelope but instead place all such envelopes in containers that can be secured
with a numbered metal seal and such sealed
containers shall be stored in the most
secure vault available within the courthouse until after 8:00 o~clock p.m. of the
day of the primary or election: PROVIDED,
That in the instance of punchcard absentee
ballots, such ballots may be taken from
the inner envelopes and all the normal
procedural steps performed necessary to
prepare punchcard ballots for computer
count and then placed in said sealed
containers. (1973 c 140 § 2.]
29.36.097
LIST OF APPLICATIONS FOR ABSENTEE BALI.O,!~~Each countyauditorshall
maintain in his office, open for public
inspection, lists of the applications he
has received for absentee ballots under
the provisions of this chapter and of
chapter 29.39 RCi.
Such applications shall be listed no
later, than twenty-four hours after their
receipt and the lists thereof shall be
available until the day of the election
for which the absentee ballot application
was made.
The lists shall be organized first according to the date of application, then
by legislative district, if appropriate,
and then by precinct.
They shall also
indicate the name of each applicant and
the address to which the ballot is to be
mailed.
The auditor shall make copies of such
lists available to the public for the
actual cost of copying such list. [1973
1st ex.s. c 61 § 1.]
( 224 ]
29.42.040
POLITICAL PARTIES
------------------------------------------------------------------------------------Chapter 29.39
ABSENTEE SERVICE VOTERS
29.39.010
~ERV1f];
11
Mll!l!M Ql !!!!
IQ!!Q!~
ill
I.H~
YNIT~Q
STUES~£.
VOTE!i~-4-
~!!ii
"ARMED
ii!!Ji!
~!iQill~ .Q.&!.:
11 Service voter 11 means
FINED.
an elector
who--comes within any of the following
categories:
(1)
Members of the armed forces while
in the active service, and their spouses
and dependents, including students and
faculty members of the United
States
military academies.
(2)
Members of the merchant marine of
the United States, and their spouses and
dependents.
(3)
Civilian employees of the United
states in all categories, including members of the Peace Corps, serving outside
the territorial limits of the several
states
of the United States and the
District of Columbia and their spouses and
dependents when residing with or accompanying them, whether or not the employee is
subject to the civil service laws and the
Classification Act of 1949, and whether or
not paid from funds appropriated by the
congress.
(4)
Members of religious groups or welfare agencies assisting members of the
armed forces, who are officially attached
to and serving with the armed forces,
and
their spouses and dependents.
(5)
Citizens of the United States and
of the state of Washington temporarily
residing
outside
of
the
state
of
Washington and their spouses and dependents when residing with or accompanying
them.
The term "armed forces" means the uniformed service~ as defined in section 102
of the Career Compensation Act of 1949 (63
Stat. 804), as amended.
The term "members of the merchant marine
of the United States" means persons (other
than members of the armed forces) employed
as officers or members of crews of vessels
documented under the laws of the United
States, and persons (other than members of
the armed forces) enrolled with the United
states for employment, or for training for
employment, or maintained by the United
states for emergency relief service, as
officers or members of crews of any such
vessels;
but does not include persons so
employed, or enrolled for such employment
or for training for such employment, or
maintained for such emergency relief service, on the Great Lakes or the inland
waterways.
The term "dependent 11 means any person
who is in fact a dependent. [1973 c 56 §
1;
1967 ex.s. c 109 § 4;
1965 c 9 §
29.39.010. Prior:
1957 c 169 § 1;
1950
ex.s. c 14 § 1.]
1973 RCW SUPP.
(
29.39.030
"Ek]CT~L
~E§~EY"
Q];.:
liUD-=!BSE!ii.&!.&! w~ M.llQI2.:.. "Election" used alone means a general election
except where the context indicates that a
special election is meant or included.
"Election"
used
without qualification
never means a primary.
In addition to the above, for the purpose of this chapter, the term "primary"
means the primary elections held on the
third Tuesday in September of each year.
The term "election" means the general
elections held on the first Tuesday following the first Monday in November of
each year.
The purpose of this section is to authorize absentee voters qualifying as service
voters as defined by RCW 29.39.010, as now
existing or hereafter amended, to cast the
same ballots, including those for special
elections, as any registered voter would
receive under the provisions of RCW 29.36.030 for any September primary or November
general election.
[ 1973 c 4 § 4; 1967
ex.s. c 109 § 5; 1965 c
9
§ 29.39.030.
Prior: 1950 ex.s c 14 § 3.]
Chapter 29.42
POLITICAL PARTIES
29.42.030
COUNTY CENTRAL COMMITTEE-ORGANIZATION ~EEII!fQS~--The-county-central
committee-of each maJOr political party
shall consist of the precinct committeemen
of the party from the several voting
precincts of the county.
Following each
state general election held in even-numbered years, this committee shall meet for
the purpose of organization at an easily
accessible location within the county,
subsequent to the certification of precinct committeemen by the county auditor
and no later than the second Saturday of
the following January.
The authorized
officers of the retiring committee shall
cause notice of the time and place of such
meeting to be mailed to each precinct
committeeman at least seventy-two hours
prior to the date of the meeting.
At its organization meeting, the county
central committee shall elect a chairman
and vice chairman who must be of opposite
sexes; it shall also elect a state committeeman and a state committeewoman. (1973
c 85 § 1 i 197 3 c 4 § 5;
196 5 c
9 §
29.42.030.
Prior:
1961 c 130 § 4; prior:
1943 c 178 § 1, part; 1939 c 48 § 1, part;
1927 c 200 § 1, part; 1925 ex.s. c 158 §
1, part; 1909 c 82 § 6, part; 1907 c 209 §
22, part; Rem. Supp. 1943 § 5198, part.]
I~
29.~2.040
PR~CT
~ITTEE~!JiL
WHO
];LI~1~~
Any member of a
major
political party who is a registered voter
in the precinct may upon payment of a fee
of one dollar file his declaration of
candidacy with the county auditor for the
office of precinct committeeman of his
party in that precinct. When elected he
225 ]
29.42.040
---------------------
ELECTIONS
------------------------------
shall serve so long as he remains an
eligible voter in that precinct and until
his successor has been elected at the next
ensuing state general election in the
even-numbered year. (1973 c 4 § 6; 1965 c
9 § 29.42.040. Prior:
1961 c 130 § 5;
prior: 1943 c 178 § 1, part; 1939 c 48 §
1, part; 1927 c 200 § 1, part; 1925 ex.s.
c 158 § 1, part; 1909 c 82 § 6, part; 1907
c 209 § 22, part; Rem. Supp. 1943 § 5198,
part. )
29.42.050
PRECINCT COMMITTEEMAN--ELEC!!QN-DEC1j]AT~OF- fANDIDACY.L -~
T~RM-!ACA!£1~
The statutory requirements
for filing as a candidate at the primaries
shall apply to candidates for precinct
committeeman except that the filing period
for this office alone shall be extended to
and include the Friday immediately following the last day for political parties to
fill vacancies in the ticket as provided
by RCW 29.18.150, and the office shall not
be voted upon at the primaries, but the
names of all candidates must appear under
the proper party and office designations
on the ballot for the general November
election for each even-numbered year and
the one rece~v~ng the highest number of
votes shall be declared elected:
PROVIDED, That to be declared elected, a candidate must receive at least ten percent of
the number of votes cast for the candidate
of his party receiving the greatest number
of votes in his precinct.
Any person
elected to the office of precinct committeeman who has not filed a declaration of
candidacy shall pay the fee of one dollar
to the county auditor for a certificate of
election. The term of office of precinct
committeeman
shall be for two years,
commencing upon completion of the official
canvass of votes by the county canvassing
board of election returns.
Should any
vacancy occur in this office by reason of
death, resignation, or disqualification of
the incumbent, or because of failure to
elect, the respective county chairman of
the county central committee shall be
empowered to fill such vacancy by appointment: PROVIDED, HOWEVER, That in legislative districts having a majority of its
precincts in a class AA county, such
appointment shall be made only upon the
recommendation of the legislative district
chairman: PROVIDED, That the person so
appointed shall have the same qualifications as candidates when filing for election to such office for such precinct:
PROVIDED FURTHER, That when a vacancy in
the office of precinct committeeman exists
because of failure to elect at a state
general election, such vacancy shall not
be filled until after tpe organization
meeting of the county central committee
and the new county chairman selected as
provided by RCW 29.~2.030. (1973 c 4 § 7;
1967 ex.s. c 32 § 2; 1965 ex.s. c 103 § 3;
1965 c 9 § 29.42.050.
Prior: 1961 c 130 §
6; prior:
1953 c 196 § 1; 1943 c 178 § 1,
part; 1939 c 48 § 1, part; 1927 c 200 § 1,
[
part; 1925 ex.s. c 158 § 1, part;
1909 c
82 § 6, part; 1907 c 209 § 22, part; Rem.
supp. 1943 § 5198, part.]
Chapter 29.45
PRECINCT ELECTION OFFICERS
29.45.050
!!Q OR ~QR] ~!§OF ~CINC,I
EL EC!IQ!f QIT!f]]~ !l!IDLSQ!!llil.@ BOARD OR
BOARDS~RECEIVING
BOARD.
There shall
biitone set ofelectionofficers in each
precinct
except
as provided in this
section.
In every precinct using paper ballots
having two hundred or more registered
voters there shall be appointed, and in
every precinct having less than two hundred registered voters there may be appointed, at a state primary or state
general election, two or more sets of
precinct election officers as provided in
RCW 29.04.020 and 29.45.010. The officer
in charge of the election may appoint one
or more counting boards at his discretion,
when he decides that because of a long or
complicated
ballot or because of the
number of expected voters, there is need
of additional counting board or boards to
improve the speed and accuracy of the
count.
In making such appointments, one or more
sets of precinct election officers shall
be designated as the counting board or
boards, the first of which shall consist
of an inspector, two judges, and a clerk
and the second set, if activated, shall
consist of two judges and two clerks. The
duties of the counting board or boards
shall be the count of ballots cast and the
return of the election records and supplies to the officer having jurisdiction
of the election.
one set of, precinct election officers
shall be designated as the receiving board
which shall have all other powers and
duties imposed by law for such elections.
(1973 c 102 § 2; 1965 ex.s. c 101 § 4;
1965 c 9 § 29.45.050.
Prior: 1955 c 148
§ 2; prior:
'(i) 1923 c 53 § 4, part; 1921
c 61 § 6, part; RRS § 5148, part.
(ii)
1921 c 170 § 4, part; RRS § 5153, part.]
be
29.45.060
DUTIES--GENERALLY.
The inspector and judges--~election in each
precinct
shall
conduct the elections
therein and receive, deposit, and count
the ballots cast thereat and make returns
to the proper canvassing board or officer
except that when two or more sets of
precinct election officers are appointed
as provided in RCW 29.45.050, the ballots
shall be counted by the counting board or
boards
as provided in RCW 29.54.030,
29.54.043, and 29.54.045. [1973 c 102 §
3;
1965 ex.s. c
101 § 5; 1965 c 9 §
29.45.060. Prior:
1955 c 148 § 3; prior:
(i)
1923 c
53 § 4, part; 1921 c 61 § 6,
part; RRS § 5148, part.
(ii) 1921 c 170 §
4, part; RRS § 5153, part.]
226 ]
POLLING PLACE REGULATIONS
29.54.050
-------------------------------------------------------
----------------
29.45.065
APPLICAT~QB Ql RC! ~5.05Q
AND ~.45,0§~ IQ Q!fi~i ggiMARIES Qi EL~f=
TIONS.
All of the provisions of RCW
29.457050 and 29.45.060 relating to counting boards may be applied on an optional
basis to any other primary or election,
regular or special, at the discretion of
the officer in charge of the election.
(1973 c 102 § 5.]
5213.
(ii) 1933 c 85 § 2; RRS § 5213-2.
(i.ii)
1905 c 39 § 1, part; 1889 p 405 §
15, part; RRS § 5272, part.]
Chapter 29.54
POLLING PLACE REGULATIONS DORING VOTING
HOURS AND AFTER CLOSING
29.54.045
29.51.170
WRITE-I! VOTING-:PARTY A!=
IliiATIQli.L WHEN-NOMifi.&; IQ EXE.Q!ll !!~1!=
RATIO! QI ~ANDIDACY.L EA! 1]~
At any
election or primary, any voter may write
in on the ballot the name of any person
for whom he desires to vote for any office
and such vote shall be counted the same as
if the name had been printed on the ballot
and marked by the voter: PROVIDED, That
no write-in vote for a partisan office at
a general election shall be valid for any
person who has offered himself as
a
candidate for such position for the nomination at the preceding primary:
PROVIDED, FURTHER, That when voting machines or
voting devices and ballot cards are used,
no write-in vote for any candidate for a
partisan office at either a state primary
election or state general election shall
be valid unless a political party affilia•
tion is also written by the voter after
the candidate's name:
AND PROVIDED FURTHER, That in the instance of a write-in
candidate for a partisan office only those
write-in votes constituting the greatest
number of a single political party designation shall be valid for counting purpos•
es when the canvassing authority certifies
the official election returns. The same
procedure must be followed when paper
ballots are used for partisan offices at a
state primary election. For such write-in
voting,
it shall not be necessary for a
voter to write the full name of the
political party concerned. Any abbreviation including the first letter of the
political party name shall be acceptable
as long as the precinct election officers
can determine to their satisfaction the
person voted for and the political party
intended.
Any person who is nominated at any primary election as a write-in candidate for
any public office but who has not previ•
ously paid the regular filing fee shall
not have his name printed on the official
ballot for the general election unless,
within five days after the official canvass of the primary vote, he executes a
declaration of candidacy and pays the same
fee required by law to be paid by candidates for filing for the office for which
he has been nominated. [1973 1st ex.s. c
121 § 1; 1967 ex.s. c 109 § 28; 1965 ex.s.
c
101 § 14; 1965 c 9 § 29.51.170. Prior:
(i} 1931 c 14 § 1; 1909 c 82 § 12; RRS §
197 3 RCW SUPP.
£QUNTl!Q
BAL1Qia_-:i!Q£li!!YiJ
~E!U£IQ~
!l!.Q
~!!§~
APPOIN1~~
When two or more sets
of precinct election officers have been
appointed as provided in RCW 29.45.050 the
following procedure shall apply:
(1)
The set or sets designated as the
counting board or boards shall commence
tabulation of any state primary or state
general election at a time set by the
officer in charge of the election.
(2)
A second ballot box for receiving
ballots shall be used, and the first
ballot box shall be closed and delivered
to the counting board or boards:
PROVIDED, That there have been at least ten
ballots
cast.
The counting board or
boards shall at a time set by the officer
in charge of the election proceed to the
place provided for them and at once count
the votes. When counted they shall return
the emptied ballot box to the inspector
and judges conducting the election and the
latter shall then deliver to the counting
board or boards the second ballot box, if
there have been at least ten ballots cast,
who shall then proceed as before. The
counting of ballots and exchange of ballot
boxes shall continue until the polls are
closed after which the election board
conducting the election shall conclude
their duties and the counting board or
boards shall continue until all ballots
are counted.
(3)
The receiving board conducting the
election shall perform all of the duties
as now provided by law except for the
counting of the ballots, the posting and
certification of the unofficial returns
and the delivery of the official returns,
together with the election supplies to the
county auditor.
(4)
Suitable oaths of office for all
precinct election officials, when two or
more sets of officials are employed, shall
be prepared by the secretary of state as
ex officio chief election officer. (1973
c 1 0 2 § 4; 1 9 6 5 ex. s • c 1 0 1 § 10 ; 19 6 5 c 9
§ 29.54.045.
Prior:
1955 c 148 § 5.]
!!Uli l:!Q Qi 11QRE
Chapter 29.51
POLLING PLACE REGULATIONS DURING VOTING
HOURS
[ 227
~.E.!~
Ql
29.54.050
REJECTIO!
OF
B&LLOTS OR
fARTS OF BALLQTS~ Ballots-must~-reject:
ed if:
(1)
Two are found folded together;
(2)
Marked so as to identify who the
voter is: PROVIDED, That this subsection
(2) shall not apply to absentee ballots;
(3)
Printed other than by the respective county auditors or other authorized
election officials as provided by lav.
J
29.54.050
ELECTIONS
--.-...:-----
Those parts of ballots must not
be
counted which:
(1)
Designate more persons for
an
office than are to be elected to that
office;
(2)
Are not in compliance with RCW
29.51.170;
(3)
Are not marked with sufficient definiteness to determine the voter•s choice
or intention: PROVIDED, That no ballot or
part thereof shall be rejected for want of
form or mistake in initials of names if
the election board can determine to their
satisfaction the person voted for and the
office intended. [1973 1st ex.s. c 121 §
2; 1965 ex.s. c 101 § 11; 1965 c 9 §
29.54.050. Prior:
(i) Code 1881 § 3091;
1865 p 38 § 2; RRS § 5336.
(ii) 1895 c
156 § 10; 1889 p 411 § 29; RRS § 5294.
(iii)
1905 c 39 § 1, part; 1889 p 405 §
15, part; RRS § 5272, part.
(iv)
1895 c
156 § 11, part; 1886 p 128 § 1, part; Code
1881 § 3079, part; 1865 p 34 § 4, part;
RRS § 5323, part.]
Chapter 29.64
STATUTORY RECOUNT PROCEEDINGS
29.64.080
STATE-WIDE ~~QREs--~ANDA­
TOR! ~QUNT--COST !I STAI] ~JR]!~ When
the official canvass of returns of any
election reveals that the difference in
the number of votes cast for the approval
of a state-wide measure and the number of
votes cast for the rejection of such
measure is not more ~han one-half of one
percent of the total number of votes cast
on such measure, the secretary of state
shall direct that a recount of all votes
cast on such measure be made on such
measure, in the manner provided by RCW
29.64.030 and 29.64.040, and the cost of
such recount shall be at state expense.
[ 1973 c 82 § , • J
29.64.090
gQF
!!R~NSES
STATE=!!~~
INCQB]]~
.!1nlli!RE~LAIMS
Each county auditor shall file with the state auditor a
statement
listing only the additional
expenses incurred whenever a mandatory
recount of the votes cast on a state
measure is made as provided in RCW 29.64.080.
The state auditor shall compile
such claims for presentation to the next
succeeding session, regular or extraordinary, of the legislature in the same
manner as other legislative relief claims.
[ 1973 c 82 § 2. ]
Chapter 29.68
UNITED STATES CONGRESSIONAL ELECTIONS
VACANCY
1] Q!l1~ STATES
REPRESENTATIVES--SPECI!1 ELEC!ION.
Whenever there is a vacancy existing by death, resignation, disability or
failure to qualify or impending vacancy in
29.68.080
~OUSE
Qf
the office of representative in the congress of the United states from this state
or any congressional district in this
state, the governor shall order a special
election to fill the vacancy. Within ten
days of such vacancy occurring he shall
fix as the date for the special election a
day not less than ninety days after the
issuance of the writ. He shall fix as the
date for the primary for nominating candidates for the special election, a day not
less than thirty days before the day fixed
for holding the special election. If the
vacancy occurs between or on a date six
months prior to a general state election
and the second Friday following the close
of the filing period, the special primary
and special general elections shall be
held in concert with the regular primary
and regular general elections.
If the
vacancy occurs on or after the first day
for filing specified in RCW 29.18.030 and
on or before the second Friday following
the close of the filing period, a special
filing period of three normal business
days shall be fixed by the secretary of
state and notice thereof given by notifying all media including press, radio and
television within the congressional district concerned to the end that, insofar
as possible, all interested persons will
be aware of such filing period: PROVIDED,
HOWEVER, That the last day of such filing
period shall be no later than the third
Tuesday prior to the primary election
concerned. such declarations of candidacy
validly filed within said three day period
shall appear on the approaching primary
ballot as if made during the earlier
filing period.
If the vacancy should
occur later than the second Friday following the close of the filing period, a
special primary and special general ~lec­
tion to fill such vacancy shall be held
after the regular annual general election
but, in any event, no later than the
ninetieth day following the said November
election.
[1973 2nd ex.s. c 36 § 3; 1965
c 9 § 29.68.080. Prior: 1915 c 60 § 1;
1909 ex. s. c 25 § 1; RRS § 3799.}
29.68.090
!!CANCY IN UNITED
2!!1]2
HOUSE OF REPRESENTATIVES--ORDER CALLING
ELECTtoN:_REQUISITES=FI!:!J!.~ £:ERion:The
order shall name the district and the term
or part of the term for which the vacancy
exists or is about to exist as well as the
dates for holding the special primary and
the special election to fill it, together
with naming the filing period, and if the
date fixed for the special primary is the
day for holding the regular primary, or if
the day fixed for the special election is
the day for holding the regular election,
the order shall provide that the names of
the candidates to fill the vacancy may be
placed upon the regular ballots to be used
thereat. No name shall be printed on the
primary ballots that shall not have been
filed with the secretary of state during
the applicable filing period as set forth
[ 228 1
29.79.015
INITIATIVE AND REFERENDUM
-~~----------------------------------------------------------------------------------
in this section. (1973 2nd ex.s. c
4; 1965 c 9 § 29.68.090. Prior:
(i)
ex.s. c 25 § 2, part; RRS § 3800,
(ii)
1909 ex.s. c 25 § 3, part;
3801, part. J
29.68.100
VACANCY IN UNITED
STATES
!!OUg Ql REPRiSENTATIVEs_ NOTI~i~ Qi-~PE=
C!!~ lnl~!!I jND ~ECI!~
ELECTION.
Upon
calling a special primary and special
election to fill a vacancy or impending
vacancy in the office of representative in
the congress of the United States,
the
governor
shall immediately notify the
secretary of state who shall, in turn,
immediately notify each county auditor
within the district in which the vacancy
exists or is about to exist.
Each county auditor in the
district
shall
publish notices of the special
primary and of the special election at
least once in any legal newspaper published in the county, as provided by RCW
29.27.030
and
29.27.080 respectively.
[1973 2nd ex.s. c 36 § 5; 1965 c 9 §
29.68.100.
Prior:
1909 ex.s. c 25 § 2,
part; RRS § 3800, part.]
29.68.110
VACANCY !!i !!lfll.ED
~TA,I!~
HOUSE OF REPRESENTATIVES--PRECINCT ELECTloNOFFrCERS=WHOTo-SERn.-Ifeither
the-special electionfor the election of a
United States congressman or the special
primary relating thereto is held at a time
other than the regular election or primary, the same election officers shall serve
at both such special primary and special
election.
[1973 2nd ex.s. c 36 § 6; 1965
c 9 § 29.68.110. Prior: 1909 ex.s. c 25
§ 3, part; RRS § 3801, part.]
29.68.120
!ACANCY JB Y!JTEQ
~ljTES
HOUg Qf REPRESENTATIVES--CANVAS~ OF £RI=
~A]!_ CERTIFICATION Qf NO~~~~
Canvass
of the votes at a special primary held in
relation to a special election for a
United States congressman shall be made in
each county within the district within ten
days after the primary and the returns
sent immediately to the secretary of state
who shall immediately convene the state
canvassing board to certify said returns
in the same manner as provided by RCW
29.62.110 and as soon as possible thereafter certify the names of the successful
nominees to the county auditors of the
counties within the district. (1973 2nd
ex.s. c 36 § 7;
1965 c 9 § 29.68.120.
Prior:
1909 ex. s. c 25 § 3, part; RRS §
3801, part.]
1973 RCW SUPP.
Chapter 29.79
INITIATIVE AND REFERENDUM
36 §
1909
part.
RRS §
29.79.015
REVIEW OF J!I!I!!IVE NEASURES BY CODE-REVISERtS OFFICE--CERTIFICATE Qf-REVIEl(fRE.!m.QQISITE TO !~~IGNME!I
OF g.E!AL !!!NBER.!.
Upon receipt of any
petition proposing an initiative to the
people or an initiative to the legislature, and prior to giving a serial number
thereto, the secretary of state shall
submit a copy thereof to the office of the
code
reviser and give notice to the
petitioner of such transmittal.
Upon
receipt of the measure, the assistant code
reviser to whom it has been assigned may
confer
with the petitioner and shall
within ten working days from
receipt
thereof review the proposal for matters of
form and style, and such matters
of
substantive import as may be agreeable to
the petitioner, and shall recommend to the
petitioner such revision or alteration of
the measure as may be deemed necessary and
appropriate.
The recommendations of the
reviser's office shall be advisory only,
and the petitioner may accept or reject
them in whole or in part.
The code
reviser
shall issue a certificate of
review certifying that he has reviewed the
measure for form and style and that the
recommendations thereon, if any, have been
communicated to the petitioner, and such
certificate shall issue whether or not the
petitioner accepts such recommendations.
Within fifteen working days after notification of submittal of the petition to the
reviser's office, the petitioner, if he
desires to proceed with his sponsorship,
shall file the measure together with the
certificate of review with the secretary
of state for assignment of serial number
and the secretary of state shall thereupon
submit to the reviser's office a certified
copy of the measure filed.
Upon submitting the proposal to the secretary of
state for assignment of a serial number
the secretary of state shall refuse to
make such assignment unless the proposal
is accompanied by a certificate of review.
[1973 c 122 § 2.]
1g£Ii§J.ativg findi,!!g.:,
"The legislature
finds that the initiative process reserving to the people the power to propose
bills, laws and to enact or reject the
same at the polls, independent of the
legislature, is finding increased popularity with citizens of our state,
The
exercise of this power concomitant with
the power of the legislature requires
coordination to avoid the duplication and
confusion of laws.
This legislation is
enacted especially to facilitate the operation of the initiative process." [1973 c
122 § 1. ]
[ 229 ]
29.79.040
ELECTIONS
-----------------------------------------29.79.040
BALLOT TITLE--FORMULATION ~l
GEN]llb_
williiltendays-after
the receipt of an initiative or referendum
measure the attorney general shall formulate therefor and transmit to the secretary of state a concise statement posed as
a question and not to exceed twenty words,
bearing the serial number of the measure.
The statement may be distinct from the
legislative title of the measure,
and
shall express, and give a true and impartial statement of the purpose of the
measure; it shall not be intentionally an
argument,
nor likely to create prejudice,
either for or against the measure.
Such
concise statement shall constitute the
ballot title. The ballot title formulated
by the
attorney general shall be the
ballot title of the measure unless changed
on appeal.
[1973 1st ex.s. c 118 § 2;
1965 c 9 § 29.79.040.
Prior:
1953 c
242
§ 2; 1913 c 138 § 2; RRS § 5398.]
!ll.Q..Blill
]jkLOT Il!L~==!QTI~~ TO~=
Upon the filing of the ballot
title for an initiative or referendum
measure in his office, the secretary of
state shall forthwith notify the persons
proposing the measure by telephone and by
mail of the exact language thereof. (1973
1st ex.s. c 118 § 3; 1965 c 9 § 29.79.050.
Prior:
1913 c 138 § 3, part; RRS § 5399,
part. ]
29.79.050
gQN~NTS.
29. 79.080
PETll.!QliS-PAP~i!-S.Ill_-MAR=
Upon the ballot title being established, the persons proposing the measure
may prepare blank petitions and cause them
to be printed upon single sheets of paper
of good writing quality twelve inches in
width and fourteen inches in length,
with
a margin of one and three-quarters inches
at the top for binding.
Each petition at
the time of circulating, signing,
and
filing with the secretary of state shall
consist of not more than one sheet with
numbered lines for not more than twenty
signatures on each sheet, with the prescribed warning, title and form of petition on each sheet, and a full, true and
correct copy of the proposed
measure
referred to therein printed on the reverse
side of said petition or on sheets of
paper of like size and quality as the
petition, firmly fastened together.
[1973
1st ex.s. c 118 § 4; 1965 c 9 § 29.79.080.
Prior:
(i) 1913 c 138 § 4, part;
RRS §
5400,
part.
(ii)
1913 c 138 § 9; RRS §
5405. J
~
Chapter 29.80
CANDIDATES' PA"PHLETS
29.80.010
CONTENTS--PUBLICATION.
As
soon as possible prior to ea~ state
general election at which federal or state
officials are to be elected, the secretary
[ 230
of state shall publish and mail to each
individual place of residence of the state
a candidates• pamphlet containing photographs and campaign statements of eligible
nominees who desire to participate therein:
PROVIDED,
That in odd•numbered years
no candidate's pamphlet shall be published.
[ 1973 c
4 § 8;
1965 c 9 §
29.80.010.
Prior:
1959 c 329 § 19.]
Chapter 29.81
VOTERS 1 PAMPHLET
29.81.010
CONT~TS,
liQ!
QRGAHJZE~
The voters• pamphlet shall contain as to
each state measure to be voted upon, the
following in the order set forth in this
section:
(1) Upon the top portion of the first
two opposing pages relating to said measure and not exceeding one-third of the
total printing area shall appear:
(a) The legal identification of the measure by serial designation and number;
(b) The official ballot title of the
measure;
(c) A brief statement explaining the law
as it presently exists;
(d) A brief statement explaining the
effect of the proposed measure should it
be approved into law;
(e) The total number of votes cast for
and against the measure in both the state
senate and house of representatives if the
measure
has
been
passed
by
the
legislature;
(f) A heavy double ruled line across
both pages to clearly set apart the above
items from the remaining text.
(2) Upon the lower portion of the left
page of the two facing pages shall appear
an argument advocating the voters• approv•
al of the measure together with
any
rebuttal statement of the opposing argument as provided in RCW 29.81.030,
29.81.040, or 29.81.050.
(3) Upon the lower portion of the right
hand page of the two facing pages shall
appear an argument advocating the voters•
rejection of the measure together with any
rebuttal statement of the opposing argument as provided in RCW 29.81.030, 29.81.040, or 29.81.050.
{4) Following each argument or rebuttal
statement each member of the committee
advocating for or against a measure shall
be listed by name and address to the end
that the public shall be fully apprised of
the advocate's identity.
(5) At the conclusion of the pamphlet
the full text of each of the measures
shall appear.
The text of the proposed
constitutional amendments shall be set
forth in the form provided for in Rei
29.81.080. (1973 1st ex.s. c 143 § 1;
1965 c 9 § 29.81.010.
Prior:
1959 c 329
§ 1. Formerly RCW 29.79.3502.]
1
VOTERS' PAMPHLET
29.81.042
-------------------------------------------------------29.81.020
EXPLA!!IQ]l ~II~ENT §!!I=
IQR~X §~E!1L !PP!AkL JUD!~!!1 ~TATE=
.Uli!=AE§!l~ENTS jND ,!illUTlli ~AT];g]~ ~.!
COMMITTEES.
(1) The attorney general
shall-prepare the explanatory statements
required
to be presented on the top
portion of the two facing pages relating
to each measure. such statements shall be
prepared in clear and concise language and
shall avoid the use of legal and other
technical terms insofar as possible.
Any
person dissatisfied with the explanatory
statement so prepared may at any time
within ten days from the filing thereof in
the office of the secretary of state
appeal to the superior court of Thurston
county by petition setting forth
the
measure, the explanatory statement prepared by the attorney general,
and his
objection thereto and praying for the
amendment thereof. A copy of the petition
and a notice of such appeal shall be
served on the secretary of state and the
attorney general.
The court shall, upon
filing of the petition, examine the measure, the explanatory statement, and the
objections thereto and may hear argument
thereon and shall, as soon as possible,
render its decision and certify to and
file with the secretary of state such
explanatory statement as it determines
will meet the requirements of this chapter. The decision of the superior court
shall be final and its explanatory statement shall be the established explanatory
statement.
Such appeal shall be heard
without costs to either party.
(2) Arguments and rebuttal statements
advocating the voters• approval or rejection of any measure shall be prepared and
submitted for printing by the committees
created pursuant to RCW 29.81.030, 29.81.040 and 29.81.050.
Such arguments and
rebuttal statements shall be the arguments
and rebuttal statements and no
other
arguments or rebuttal statements shall
appear in the pamphlet as to such measure.
Arguments may contain graphs and charts,
supported by factual statistical data and
pictures or other illustrations, but cartoons or caricatures shall not be permitted.
(1973 1st ex.s. c 143 § 2; 1965 c 9
§ 29.81.020.
Prior:
1959 c 329 § 2.
Formerly RCW 29.79.3506.]
29.81.030
COMMITTEE ADVOCATING APPROVAL Ql CON~.I.ITUTIONA1 A~ENDMENIL E~ENDU~
BILL--MEMBERSHIP--SUBMISSION OF ARGUMENT
!oR--Eii!TI!~~---Arguments-advocating-vot:
ers• approval of any proposed constitutional amendment or referendum bill shall
be composed and submitted for printing by
a committee created as follows: The presiding officer of the state senate shall
appoint one state senator known to favor
the measure and the presiding officer of
the house of representatives shall appoint
one state representative known to favor
the measure. The two persons so appointed
shall appoint a third member to
the
committee who may or may not be a member
1973 RCW SUPP.
[ 231
of the legislature. If no member of the
legislature can be enlisted to serve on
such committee, then a committee composed
of the secretary of state, the presiding
officer of the senate, and the presiding
officer of the house of representatives
shall appoint any persons who are, in
their judgment, qualified to serve in such
capacity. (1973 1st ex.s. c 143 § 3; 1965
c 9 § 29.81.030. Prior: 1959 c 329 § 3.
Formerly RCW 29.79.3510.]
29.81.040
CO~~ITTEI
!Q!2£!II!§ gEJEC=
QI CO.HST!TUTIQ!AL A~I!Q.MENTL gEFillNQ!l~
BIL~==ME~~ERSHIP--SUBKISSION
QI
ARGUMENT AND REBUTTAL
STATEMENTS
FOR
PRINTING~ --Arguments--advocating -voter~'
rejection of any proposed constitutional
amendment or referendum bill passed by the
legislature and referred to the people for
final decision and rebuttal statements of
arguments advocating approval of
such
measures shall be composed and submitted
for printing by a committee created as
follows: The presiding officer of the
state senate shall appoint one
state
senator and the presiding officer of the
house of representatives shall appoint one
state representative.
Whenever possible,
the two persons so appointed shall be
known to have opposed the measure and they
shall appoint a third member to
the
committee who may or may not be a member
of the legislature. If no member of the
legislature can be enlisted to serve on
such committee, then a committee composed
of the secretary of state, the presiding
officer of the house and the presiding
officer of the senate shall appoint any
persons who are, in their judgment, qualified to serve in such capacity. [1973 1st
ex. s. c 14 3 § 4: 1971 ex. s. c 14 5 § 4;
1965 c 9 § 29.81.040.
Prior: 1959 c 329
§ 4.
Formerly RCW 29.79.3514.]
llQl!
29.81.042
TIME FOR SUBMISSION OF ARGUMENTS To sEcRETARY-oF sriTE:-"The-commit=
tees-appointed to-compose-the arguments to
appear in the voters• pamphlet pursuant to
RCW 29.81.030 and 29.81.040 shall submit
such arguments, not to exceed two hundred
fifty words in length, to the secretary of
state no later than the first day of June
preceding the election at which the measures will appear.
In the event that a
committee appointed pursuant to RCW 29.81.030 or 29.81.040 fails to submit its
argument prior to the first day of June
preceding the election, the secretary of
state, the presiding officer of the house
of
representatives, and the presiding
officer of the state senate shall appoint
any persons who are, in their judgment,
qualified to compose such an argument.
Any
additional committee so appointed
shall have until the last day of June
preceding the election on the measure to
compose and submit the appropriate argument. [ 1973 1st ex.s. c 143 § 6.]
]
29.81.043
ELECTIONS
------------------------------------------------29.81.043
TRA~Al!I!1 Ql !!QQMEN1~ ~1
SECRETARY OF STATE--REBUTTAL ,!RGUM~~.:.
onor--hefo~e the-- first~y .of
July
preceding the election, the secretary .of
state shall transmit each argument submitted advocating approval of a constitutional amendment or referendum bill to the
committee appointed to compose the argument against the same measure and transmit
each argument submitted advocating rejection of a constitutional amendment or
referendum bill to the committee appointed
to compose the argument in favor of the
same measure.
The committees concerned
may submit rebuttal arguments, not to
exceed seventy-five words in length, addressing statements made by the opposing
committee, but interjecting no new issue
no later than the fifteenth day of July
preceding the election at which the measure is to appear. [1973 1st ex.s. c 143
§ 7.]
29.81.050
COMMITT~~~
AQ!Q£!11!§
~
AGAINST ll.ITIATIVE 11lli!!B~ OR ~=
!.!rn
~~UM g~,ITIONS--MEMBER~lE==§UBMISSION
A~GUMID!~
~IN~
!.!rn
Q1
REBUTT,ll ~I!TEMENT~ FO]
Arguments advocating voters•
approval of any initiative measure or any
act passed by the legislature and referred
to the people by referendum petition and
rebuttal statements of arguments advocating rejection of such measures shall be
composed an·d submitted f.or printing by a
committee created as follows:
The presiding officer of the state senate, the presiding officer of the house of
representatives, and the secretary
of
state shall together appoint two persons
known to favor the measure to serve on the
committee.
The two persons so appointed
shall appoint a third person to
the
committee.
Arguments advocating voters•
rejection
of any initiative measure or any act
passed by the legislature and referred to
the people by referendum petition and
rebuttal statements of arguments advocating approval of such measures shall be
composed and submitted for printing by a
committee created as follows:
The presiding officer of the state senate, the presiding officer of the house of
representatives, and the secretary
of
state shall together appoint two persons
to serve on the committee.
Whenever
possible, the two persons so appointed
shall be known to have opposed the measure.
The two persons so appointed shall
appoint a third person to the committee.
[ 1973 1st ex.s. c 143 § 5; 1965 c 9 §
29.81.050.
Prior:
1959 c 329 §
5.
Formerly BCW 29.79.3518.]
29.81.052
liM~ FOB ~]~ION OF ~=
MENTS TO SECRETARY OF STATE. The commit~appointe~compose the arguments to
appear in the voters• pamphlet pursuant to
RCW 29.81.050 shall submit such arguments,
not to exceed two hundred fifty words in
length, no later than the last day of July
preceding the election at which the mea•
sures will appear.
[ 1973 1st ex.s. c 143
§ 8. ]
29.81.053
TR~ITI!1 OF !]QY~]!I§
&!
gQET!£! OF §.TATE-REBUTT,ll ,!BQ!U1ENTS.
on or before the first day of August
preceding the election, the secretary of
state shall transmit each argument submitted advocating approval of an initiative
measure or any act passed by the legislature and referred to the people by referendum petition to the committee appointed
to compose the argument against the same
measure and transmit each argument submitted advocating rejection of an initiative
measure or any act passed by the legislature and referred to the people by referendum petition to the committee appointed
to compose the argument in favor of the
measure.
The committees concerned may
submit rebuttal arguments not to exceed
seventy-five words in length addressing
statements made by the opposing committee,
but interjecting no new issue no later
than the fifteenth day of August preceding
the election at which the measure is to
appear. [ 1973 1st ex.s. c 143 § 9.)
PUBLJ&AT.IQ! Q! g,A~fHLET~
OF MAI!liAL.!.
As soon as
possible prior to any state general election at which any initiative measure,
referendum measure, or amendment to the
state Constitution is to be submitted to
the people, the secretary of state shall
cause to be printed in pamphlet form a
true copy of the serial designation or
number, the ballot title, the legislative
title, if any, the full text of and the
arguments for and arguments against each
such measure to be submitted to
the
people, and such other inform.ation pertaining to elections as may be required by
law or in the judgment of the secretary of
state is deemed informative to the voters.
[1973 c 4 § 9; 1971 ex.s. c 145 § 5; 1965
1959 c 329 § 10;
c 9 § 29.81.100. Prior:
prior:
1917 c·30 § 1, part; 1913 c 138 §
27. part; RRS § 5423, part. Formerly RCW
29.79.370.]
29.81.100
g~EMIDfi
Chapter 29.83
CAMPAIGN REPORTING ACT
(REFERENDUM BILL NO. 25--1972)
29.83.010
THROUGl! £j_&3.]90, 12~.§3.900
19.83.!.940. [1972 ex.s. c 98 §§ 126.
(Referendum Bill No. 25).]
Repealed
by 1973 c 1 § 50 (Initiative Measure No.
276 §50).
!tl!!QQ~l!
[ 232 ]
TITLE 30
DIGEST OF TITLE
--------------------------------------------------------------------------------------Chapter 29.85
CRIMES AND PENALTIES
POLITICAL
29.~5.270
OF
ASSUMED
29. 85:270:317
§
1.]
BAME~-[196 5
30.24.120
ADVERTISING-USE
-ex:s.--c9-§
30.24. 130
Prior: 1959 c 112 § 1; 1955 c
Repealed by 1972 ex.s. c 98 §
20.
B~yis~~~2 nQS~
The act which repealed
this section (1972 ex.s. c 98] was referred to and ratified by the people at
the November 7, 1972 general election
(Referendum Bill No. 25]. Section 50 of
Initiative Measure No. 276 which
was
approved at the same election repealed
1972 ex. sess. c 98 and Referendum Bill
No. 25. See RCW 42.17.940.
Cha12tg~
30. !Q
30.42.010
30.42.020
30.42.030
Purpose.
Definitions.
Authorization and compliance
with chapter required.
More than one office
prohibited.
Acquisition or serving on board
of directors or trustees of
other financial institutions
prohibited.
Conditions to be met before
opening office in state.
Allocated paid-in capital-Requirements.
Separate assets~Books and records--Priority as to assets.
Approval of application--Criteria--Reciprocity.
Notice of approval--Filing-Time period for commencing
business.
Powers and activities.
Requirements for accepting deposits or transacting business.
Taking possession by supervisor--Reasons--Disposition of
deposits--claims--Priorities.
Examinations--Investigations.
Loans subject to usury laws.
Powers as to real estate.
Advertising, status of federal
insurance on deposits to be
included--Gifts for new
deposits.
Approved agencies--Powers and
activities.
Bonding requirements for officers and employees.
Books and accounts--English
language.
Bureaus--Application procedure.
Bureaus-Approval-Certificate
of authority--Time limit for
commencing business.
Bureaus--Number--Powers.
Bureaus--Examinations.
Temporary facilities at trade
fairs, etc.
Reports.
Taxation.
Directors, officers and employees--Duties, responsibilities
and restrictions--Removal.
Compliance--Violations-Penalties.
sections added, amended, or repealed:
30.42.060
30.04.210
30.04.230
30.04.240
30.04.290
30.04.380
30.04.390
30.08.010
30.08.020
30.08.030
30.08.040
30.08.060
30.08.095
30.08.150
Chapt~
Loans on own stock prohibited-Shares of other corporations.
Real estate holdings.
Holding corporations--Restrictions--Penalty.
Trust business to be kept separate--Deposit of securities
with a clearing corporation
authorized.
Foreign companies~Authority to
do business.
Investment in paid-in capital
stock and surplus of banks or
corporations engaged in international or foreign banking.
Acquisition of stock of banks
organized under laws of foreign
country, etc.
Incorporators--Paid-in capital
requirements--Business district--Additional amount.
Notice of intention to organize--Proposed articles of incorporation--Execution-Contents.
Investigation.
Notice to file articles--Articles approved or refused~
Hearing.
Certificate of authority-Issuance-Contents.
Schedule of fees to be
established.
corporate powers of trust
companies.
30.lQ
30.20.030
1 97 3 RCW SUPP.
30.42.070
30.42.080
30.42.090
30.42.100
30.42.110
30.42. 120
30.42. 130
30.42. 140
30.42.150
30.42. 160
30.42.170
30.42.180
30.42. 190
30.42.200
30.42.210
30.42.220
30.42.230
30.42.240
30,42.250
30 .42. 260
30.42.270
30.42.280
~.EQ§i:12..:.
Deposits of persons under
disability.
Ball!§.:.
Branches authorizedRestrictions.
30.42.050
30.04.120
~ll!l£!!
30.40.020
30.42.040
TITLE 30
BANKS AND TRUST COMPANIES
Investments in policies of life
insurance.
Person to whom power or authority to direct or control acts
of trustee or investments of a
trust are conferred deemed a
fiduciary-Liability.
30.42.290
( 233 ]
TITLE 30
BANKS AND TRUST COMPANIES
---------------------30.42.300
30.42.310
30.42.320
30.42.330
30.42.340
30.42.900
Suspension or revocation of
certificate to operate-Grounds.
Change of location.
Rules and regulations.
Fees.
Alien banks or branches in
business on or before effective
date.
Severability--1973 1st ex.s. c
53.
£hapt~ J~
30.44.270
30.44.280
-------------------------------------------
Insolvency
~g 1iguidation~
Federal deposit insurance corporation as receiver or liquidator--Appointment--Powers and
duties.
Payment or acquisition of deposit liabilities by federal
deposit insurance corporation-Not hindered by judicial review--Liability.
Chapter 30.04
GENERAL PROVISIONS
30.04.120
LOANS ON OWN STOCK PROHIBIT~I)-,..S.!JA,U§ OF-OTHER- CO~PORATIONS.
shares of stock of every bank and trust
company shall be deemed personal property.
No such corporation shall hereafter make
any loan or discount on the security of
its own capital stock, nor be the purchaser or holder of any such shares, unless
such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith; in which case
the stocks so purchased or acquired shall
be sold at public or private sale, or
otherwise disposed of, within six months
from the time of its purchase or acquisition.
Except as hereinafter provided or
otherwise permitted by law, nothing herein
contained shall authorize the purchase by
any such bank or trust company for its own
account of any shares of stock of any
corporation, except a federal reserve bank
of which such corporation shall become a
member,
and then only to the
extent
required by such federal reserve bank:
PROVIDED, That any such bank or trust
company may purchase, acquire and hold
shares of stock in any other corporation
which shares have been previously pledged
as security to any loan or discount made
in good faith and such purchase shall be
necessary to prevent loss upon a debt
previously contracted in good faith and
stock so purchased or acquired shall be
sold at public or private sale or otherwise disposed of within two years from the
time of its purchase or acquisition. Banks
and trust companies are authorized to make
loans on the security of the capital stock
-riie
of a bank or trust company other than the
lending corporation.
[1973 1st ex.s. c
104 § 1; 1955 c 33 § 30.04.120.
Prior:
1943 c 187 § 1; 1933 c 42 § 9; 1929 c 73 §
5; 1917 c 80 § 36;
Rem.
Supp.
1943 §
3243.]
A
30.04.210
E!!1 ~TE HOLDINGS.
bank or trust company may P\ircias;; hold
and convey real estate for the following
purposes and no other:
(1)
such as shall be necessary for the
convenient transaction of its business,
including with its banking offices other
apartments in the same building to rent as
a source of income: PROVIDED, That any
bank or trust company shall not invest for
such purposes more than the greater of:
(a)
Thirty percent of its capital, surplus, and undivided profits; or
(b) one
hundred
percent of its capital stock
without the approval of the supervisor.
(2)
Such as shall be purchased or conveyed to it in satisfaction, or on account
of, debts previously contracted in the
course of its business.
(3)
Such as it shall purchase at sale
under judgments, decrees, liens or mortgage foreclosures, against securities held
by it.
(4)
Such as a trust company receives in
trust or acquires pursuant to the terms or
authority of any trust.
(5)
Such as it may take title to or for
the purpose of investing in real estate
conditional sales contracts.
No real estate specified in subdivision
(4) shall be considered an asset of the
bank or trust company holding the same in
trust nor shall any real estate except
that
specified in subdivision (1) be
carried as an asset on the bank's or trust
company's books for a longer period than
five years from the date title is acquired
thereto, unless an extension of time be
granted by the supervisor.
[1973 1st
ex.s. c
104 § 2; 1955 c 33 § 30.04.210.
Prior:
1947 c 149 § 1; 1917 c 80 § 37;
Rem. Supp. 1947 § 3244. )
30.04.230
HOLDING
CORPOR!!I~~=
§!jiCTIONS--PENALT!:A corporation or
association organized under the laws of
this state, or licensed to transact business in the state, shall not hereafter
acquire any shares of stock of any bank,
trust company, or national banking association which,
in the aggregate, enable it
to own, hold, or control more than twentyfive percent of the capital stock of more
than one such bank, trust company, or
national banking association: PROVIDED,
HOWEVER, That the foregoing restriction
shall not apply as to any legal commitments existing on February 27, 1933:
AND
PROVIDED,
FURTHER, That the foregoing
restriction shall not apply to prevent any
such corporation or association which has
its principal place of business in this
state from acquiring additional shares of
[ 234 ]
GENERAL PROVISIONS
-......-.-----
------------------------------------------------------
stock in a bank, trust company, or national
banking association in which such
corporation or association owned twentyfive percent or more of the capital stock
on January 1, 1961.
A person who does, or conspires with
another or others in doing, an act ~n
violation of this section shall be guilty
of a gross misdemeanor.
A corporation
that violates this section, or a corporation whose stock is acquired in violation
hereof, shall forfeit its charter if it be
a domestic corporation, or its license to
transact business if it be a foreign
corporation; and the forfeiture shall be
enforced in an action by the state brought
by the attorney general. [1973 1st ex.s.
c 92 § 1; 1961 c 69 § 1; 19 55 c 3 3 §
30.04.230. Prior: 1933 c 42 § 10; RBS §
3243-1.]
30.04.240
TRUST BUSINESS IQ BE KEfi
§&flliT~DEPOS.II~OF SECURITIES WITH A
CLEARING CORPORATION AUTHORIZED.
(i)-Ev;ry--~poriti~-aQing a trust business
shall maintain in its office a trust
department in which it shall keep books
and accounts of its trust business, separate and apart from its other business.
such books and accounts shall specify the
cash, securities and other properties,
real and personal, held in each trust, and
such securities and properties shall be at
all times segregated from all other securities and properties. Such corporation
shall also cause each bond, warrant, note,
mortgage, deed or other security of any
nature to be labeled to indicate the trust
to which it belongs. Any person connected
with a bank or trust company who shall
commingle any funds or securities of any
kind held by such corporation in trust,
for safekeeping or as agent for another,
with the funds or assets of the corporation shall be guilty of a felony.
(2) Notwithstanding any other provisions
of law, any fiduciary holding securities
in its fiduciary capacity, any state bank,
national bank, or trust company holding
securities as a custodian or managing
agent and any state bank, national bank,
or trust company holding securities as
custodian for a fiduciary is authorized to
deposit or arrange for the deposit of such
securities in a clearing corporation (as
defined in Article 8 of the
Uniform
commercial Code, chapter 62A.8).
When
such securities are so deposited, certificates representing securities of the same
class of the same issuer may be merged and
held in bulk in the name of the nominee of
such clearing corporation with any other
such securities deposited in such clearing
corporation by any person regardless of
the ownership of such securities, and
certificates cf small denomination may be
merged into one or more certificates of
larger denomination. The records of such
fiduciary and the records of such state
bank, national bank, or trust company
acting as custodian, as managing agent, or
1973 RCW SUPP.
30.04.290
as custodian for a fiduciary shall at all
times show the name of the party for whose
account the securities are so deposited.
ownership of, and other interests in, such
securities any [may] be transferred by
bookkeeping entry on the books of such
clearing corporation without physical delivery of certificates representing such
securities. A state bank, national bank,
or trust company so depositing securities
pursuant to this section shall be subject
to such rules and regulations as, in the
case of state chartered banks and trust
companies, the supervisor of banking and,
in the case of national banking associations, the comptroller of the currency may
from time to time issue.
A state bank,
national bank, or trust company acting as
custodian for a fiduciary shall, on demand
by the fiduciary, certify in writing to
the fiduciary the securities so deposited
by such state bank,
national bank, or
trust company in such clearing corporation
for the account of such fiduciary.
A
fiduciary shall, on demand by any party to
a judicial proceeding for the settlement
of such fiduciary's account or on demand
by the attorney for such party, certify in
writing to such party the
securities
deposited by such fiduciary in such clearing corporation for its account as such
fiduciary.
This subsection shall apply to any fiduciary holding securities in its fiduciary
capacity, and to any state bank,
national
bank, or trust company holding securities
as a custodian, managing agent, or custodian for a fiduciary, acting on March 14,
1973 or who thereafter may act regardless
of the date of the agreement, instrument,
or court order by which it is appointed
and regardless of whether or not such
fiduciary, custodian, managing agent, or
custodian for a fiduciary owns capital
stock of such clearing corporation. (1973
c 99 § 1; 1955 c 33 § 30.04.240.
Prior:
1919 c 209 § 16; 1917 c 80 § 49;
RRS §
3256. ]
30.04.290
FO~~ COMPANIES--AUTHORITY
TO DO BUSINESS.
A fOreigncorporatioil;
whose- name-contains the words ."bank,"
"banker," "banking," or "trust," or whose
articles of incorporation empower it to do
a banking or trust business and which
desires to engage in the business of
loaning money on mortgage securities or in
buying and selling exchange, coin, bullion
or securities in this state may do so, but
only upon filing with the supervisor and
with the secretary of state a certified
copy of a resolution of its governing
board to the effect that it will not
engage in banking or trust business in
this state, which copy shall be duly
attested by its president and secretary.
Such corporation shall also comply with
the general corporation laws of this state
relating to foreign corporations doing
business herein. Nothing herein
shall
prevent operations by an alien bank in
[ 235 ]
30.04.290
BANKS AND TRUST CO!PANIES
-·----
this state in conformance with chapter
30.42 RCW, RCW 30.04.290 and 30.40.020;
nor after July 16, 1973 authorize the
transaction of business in this state by
an alien bank in any manner except in
accordance with the provisions of chapter
30.42 RCW, RCW 30.04.290 and 30.40.020.
(1973 1st ex.s. c 53§ 36; 1961 c 20 § 1;
1955 c 33 § 30.04.290. Prior:
1919 c 209
§ 14; 1917 c 80 § 40; RRS § 3247.]
atl~ility
197J
1§1
~h £
53:
See
RCW 30.42.900.
30.04.380
INVESTM~!I
IN E!!Q-IN ~
aTOCK ! ] ] SURPLUS Q1 ]!B~a QR CORPORAllQ~
~.!ffi.!~ .ll INTERNATJ:OJ!!1 .Q] ,l.Q.!!m.J!
~~!!&~
Any bank or trust company which
is a member of the federal reserve system,
may invest an amount not exceeding ten per
centum of its paid-in capital stock and
surplus in the stock of one or more banks
or corporations chartered under the laws
of the United States, or of any state
thereof, and principally engaged in international or foreign banking, or banking in
a dependency or insular possession of the
United States, either directly or through
the agency, ownership or control of local
institutions in foreign countries, or in
such dependencies or insular possessions.
( 19-73 1st ex.s. c 104 § 9.]
TA~
!CQQISITIQH
Qr
~~
Ql
UNP!;;.!! 1M§ Ql l.QREIGJ!
~OUNtRJ,
ETC~
Any bank or trust company
which is a member of the federal reserve
system, may acquire and hold, directly or
indirectly, stock or other evidence of
indebtedness of ownership in one or more
banks organized under the law of a foreign
country or a dependency or insular possession of the United States.
( 1973 1st
ex.s. c 104 § 10.]
30.04.390
~Ali~
.Qlill.Allll!!
PROVIDED, That on request of any persons
desiring to incorporate a bank in a city
having a population of twenty-five thousand or over, the supervisor shall make an
order defining the boundaries of
the
central business district of such city,
which shall include the district in which
is carried on the principal retail, financial and office business of such city and
banks may be incorporated with a paid-up
capital of not less than fifty thousand
dollars to be located in such city outside
of the central business district of such
city as defined by the order of the
supervisor, which shall be stated in its
articles of incorporation, but any such
bank which shall be hereafter incorporated
to be located outside such central business district, which shall
thereafter
change its location into such central
business district without increasing its
capital stock and surplus to the amount
required by then existing laws to incorporate a bank within such central business
district, shall forfeit its charter and
right to do business. The supervisor may
from time to time change the boundaries of
said central business district, if, in his
judgment, such action is proper.
In addition to the foregoing, each bank
and trust company shall before commencing
business have subscribed and paid into it
in the same manner as is required for
capital stock, an additional amount equal
to at least ten percent of the capital
stock above required.
Such additional
amount shall be carried in the undivided
profit account and may be used to defray
organization and operating expenses of the
company deemed reasonable by the supervisor.
Any sum not so used shall
be
transferred to the surplus fund of the
company before any dividend shall
be
declared to the stockholders. [1973 1st
ex.s. c 104 § 3; 1969 c 136 § 3; 1955 c 33
§ 30.08.010.
Prior: 1947 c 131 § 1; 1929
c 72 § 4; 1923 c 115 § 2; 1917 c 80 § 19;
Rem. Supp. 1947 § 3226.]
Chapter 30.08
ORGANIZATION AND POWERS
30.08.010
~POJ!!IQ£5--PAID~IN ~
TAt REQUI_!!EMEJ!T$--BUSINESS DISTRICT~ADDI=
11QNA1 AMOUNT~
When authorized by the
supervisor, as hereinafter provided, five
or more natural persons, citizens of the
United States, may incorporate a bank or
trust company in the manner herein prescribed.
No bank or trust company shall
incorporate for less amount nor commence
business unless it have a paid-in capital
as follows:
In cities, villages or communities having a population
of less than 25,000 •••••••••• $ 50,000.00
In cities having a population
of 25,000 and less
than
100,000 ••••••••••••••••••••••• 100,000.00
In cities having a population
of 100,000 or more •••••••••••• 200,000.00
30.08.020
!!QTICE OF IH~NTION !Q ~
NIZE-PROPOSED ARTICLES OF INCORPORATIONEXEUT!Ql!~!!TENTS. -Persons desiring to
incorporate a bank or trust company shall
file with the supervisor a notice of their
intention to organize a bank or trust
company in such form and containing such
information as the supervisor shall prescribe by regulation, together with proposed articles of incorporation, which
shall be submitted for examination to the
supervisor at his office in Olympia.
The proposed articles of incorporation
shall state:
(1) The
name of such bank or trust
company.
(2) The city, village or locality and
county where such corporation is to be
located.
(3) The nature of its business, whether
that of a commercial bank, a savings bank
or both or a trust company.
( 236 ]
ORGANIZATION AND POWERS
30.08.060
---------------------------(4) The amount of its capital stock,
which shall be divided into shares of not
less than ten dollars each, nor more than
one
hundred dollars each, as may be
provided in the articles of incorporation.
(5) The period for which such corporation is organized, which may be for a
stated number of years or perpetual.
(6) The names and places of residence of
the persons who as directors are to manage
the corporation until the first annual
meeting of its stockholders.
(7) That for a stated number of years,
which shall be not less than ten nor more
than twenty years from the date of approval of the articles (a) no voting share of
the corporation shall, without the prior
written approval of the supervisor, be
affirmatively voted for any proposal which
would have the effect of sale, conversion,
merger, or consolidation to or with, any
other banking entity or affiliated financial interest, whether through transfer of
stock ownership, sale of assets, or otherwise, (b) the corporation shall take no
action to consummate any sale, conversion,
merger, or consolidation in violation of
this subdivision,
(c)
this provision of
the articles shall not be revoked, altered, or amended by the shareholders without
the prior written approval of the supervisor, and (d) all stock issued by the
corporation shall be subject to
this
subdivision and a copy hereof shall be
placed upon all certificates
of
stock
issued by the corporation.
[1973 1st
ex.s. c 104 § 4; 1959 c 118 § 1; 1957 c
248 § 1; 1955 c 33 § 30.08.020. Prior:
(i) 1923 c 115 § 3; 1917 c 80 § 20; RRS §
3227.
(ii)
1929 c 174 § 1; 1923 c 115 §
4; 1917 c 80 § 21; RRS § 3228.]
30.08.030
INVESTIGATION. When the notice of intention-~rganize and proposed
articles of incorporation complying with
the foregoing requirements have been received by the supervisor, together with
the fees required by law, he shall ascertain from the best source of information
at his command and by such investigation
as he may deem necessary, whether the
character, responsibility and general fitness of the persons named in such articles
are such as to command confidence and
warrant belief that the business of the
proposed bank or trust company will be
honestly and efficiently conducted
in
accordance with the intent and purpose of
this title, whether the resources in the
neighborhood of such place and in the
surrounding ccuntry afford a reasonable
promise of adequate support for the proposed bank and whether the proposed bank
or trust company is being formed for other
than the legitimate objects covered by
this title.
(197~
1st ex.s. c 104 § 5;
1955 c 33 § 30.08.030. Prior:
1929 c 72
§ 3, part; 1923 c 115 § 5, part, 1917 c 80
§ 22, part; RRS § 3229, part.]
1973 RCW SUPP.
30.08.040
!Ql!CE !Q l!~ !B!!fLE~==!B~
UfJ.ES
!.ff!!Qll.Q
OR
!!EFUS]Q=.!m!IDQ.:.
After the supervisor shall have satisfied
himself of the above facts, and, within
six months of the date the notice of
intention to organize has been received in
his office, he shall notify the incorporators to file executed and acknowledged
articles of incorporation with him in
quadruplicate.
Unless the supervisor otherwise consents in writing, such articles
shall be in the same form and shall
contain the same information as the proposed articles and shall be filed with him
within ten days of such notice.
Within
thirty days after the receipt of such
articles of incorporation, he shall endorse upon each of the quadruplicates
thereof, over his official signature, the
word "approved," or the word "refused,"
with the date of such endorsement.
In
case of refusal he shall forthwith return
one of the quadruplicates, so endorsed,
together with a statement explaining the
reason for refusal to the person from whom
the articles were received, which refusal
shall be conclusive, unless the incorporators, within ten days of the issuance of
such notice of refusal, shall request a
hearing pursuant to the Administrative
Procedure Act, chapter 34.04 RCW, as nov
or hereafter amended. [1973 1st ex.s. c
104 § 6; 1955 c 33 § 30.08.040.
Prior:
1929 c 72 § 3, part; 1923 c 115 § 5, part;
1917 c 80 § 22, part; RRS § 3229, part.]
f]RTIF!f!I] Q! !YI]QRITI==
Before any bank or
trust company shall be authorized to do
business, and within ninety days after
approval of the articles of incorporation,
it shall furnish proof satisfactory to the
supervisor that such corporation has a
paid-in capital in the amount fixed by its
articles of incorporation and by this
title, that the requisite surplus
or
reserve fund has been accumulated or paid
in cash, and that it has in good faith
complied with all the requirements of law
and fulfilled all the conditions precedent
to commencing business imposed by this
title. If so satisfied, and within thirty
days after receipt of such proof, the
supervisor shall issue under his hand and
official seal, in quadruplicate, a certificate of authority for such corporation.
The
certificate shall state that the
corporation therein named has complied
with the requirements of law, that it is
authorized to transact at the place designated in its articles of incorporation the
business of a bank or trust company, or
both,
as the case may be: PROVIDED,
HOWEVER, That the supervisor may make his
issuance of the certificate conditional
upon the granting of deposit insurance by
the federal deposit insurance corporation,
and in such event, shall set out such
condition in a written notice which shall
be delivered to the corporation.
30.08.060
~~Q!HCE==fON!]BTS.:.
[ 237 ]
30.08.060
BANKS AND TRUST COMPANIES
--------------------------------------------------------------------------------------One of the quadruplicate certificates
shall be transmitted by the supervisor to
the corporation and the other three shall
be filed by the supervisor in the same
offices where the articles of incorporation are filed and shall be attached to
said articles of incorForation, and the
one filed with the secretary of state
shall be recorded: PROVIDED, HOWEVER, That
if the issuance of the certificate is made
conditional upon the granting of deposit
insurance by the federal deposit insurance
corporation, the supervisor shall
not
transmit or file the certificate until
such condition is satisfied.
[1973 1st
ex.s. c 10U § 7; 1955 c 33 § 30.08.060.
Prior:
1929 c 72 § 3, part; 1923 c 115 §
5, part; 1917 c 80 § 22, part; RRS § 3229,
part. )
2£tl!QQ1§ Qf FEES TO !!~ ES::
The supervisor shall collect
in
advance
fees
for
the following
services:
For filing application for certificate
of authority and attendant investigation
as outlined in the law;
For filing application f·or certificate
conferring trust powers upon a state or
national bank;
For filing articles of incorporation, or
amendments thereof, or other certificates
required to be filed in his office;
For filing merger agreement and attendant investigation;
For filing application to relocate main
office
or
branch
and
attendant
investigation;
For issuing a certificate of increase or
decrease of capital stock;
For issuing
each
certificate
of
authority;
For furnishing copies of papers filed in
his office, per pag~.
The supervisor
shall
establish
the
amount of the fee for each of the above
transactions, and for other services rendered by the division of banking by rules
and regulations promulgated pursuant to
the Administrative Procedure Act, chapter
34.04 RCW, as now or hereafter amended.
Every bank or trust company shall also
pay to the secretary of state or county
auditor for filing any instrument with him
the same fees as are required of general
corporations for filing corresponding instruments, and also the same license fees
as are required of general corporations.
( 1973 1st ex.s. c 104 § 8; 1969 c 136 § 4;
1955 c 33 § 30.08.095. Prior: 1929 c 72
§ 1; 1923 c 115 § 1; 1917 c 80 § 12; RRS §
3219. 1
30.08.095
!A§b12~§Q~
CORRQ!!~
fOWEB2 Qf !BQ2!
Upon the issuance of a certificate of authority to a trust company, the
persons named in the articles of incorporation and their successors shall thereupon become a corporation and shall have
power:
30.08.150
COMPANIES~
(1)
To execute all the powers and pessess
all the privileges conferred on
banks.
(2)
To act as fiscal or transfer agent
of the United States or of any state,
municipality, body politic or corporation
and in such capacity to receive
and
disburse money.
(3)
To transfer, register and countersign certificates of stock, bonds or other
evidences of indebtedness and to act as
attorney in fact or agent of any corporation, foreign or domestic, for any purpose, statutory or otherwise.
(4)
To act as trustee under any mort~
gage, or bonds, issued by any municipality, body politic, or corporation, foreign
or domestic, or by any individual, firm,
association or partnership, and to accept
and execute any municipal or corporate
trust.
(5)
To receive and manage any sinking
fund of any corporation upon such terms as
may be agreed upon between such corporation and those dealing with it.
(6)
To collect coupons on or interest
upon all manner of securities, when authorized so to do, by the parties depositing
the same.
(7)
To accept trusts from and execute
trusts for married persons in respect to
their separate property and to be their
agent in the management of such property
and to transact any business in relation
thereto.
(B)
To act as receiver or trustee of
the estate of any person, or to
be
appointed to any trust by any court, to
act as assignee under any assignment for
the benefit of creditors of any debtor,
whether made pursuant to statute or otherwise, and to be the depositary of any
moneys paid into court.
(9)
To be appointed and to accept the
appointment of executor of, or trustee
under,
the last will and testament, or
administrator with or without the will
annexed, of the estate of any deceased
person and to be appointed and to act as
guardian of the estate of lunatics, idiots, persons of unsound mind, minors and
habitual drunkards:
PROVIDED, HOWEVER,
That the power hereby granted to trust
companies to act as guardian or administrator, with or without the will annexed,
shall not be construed to deprive parties
of the prior right to have issued to them
letters of guardianship, or of administration, as such right now exists under the
law of this state.
(10)
To execute any trust or power of
whatever nature or description that may be
conferred upon or entrusted or committed
to it by any person or by any court or
municipality, foreign or domestic corporation and any other trust or power conferred upon or entrusted or committed to
it by grant, assignment, transfer, devise,
bequest or by any other authority and to
receive,
take,
use, manage, hold and
dispose of, according to the terms of such
trusts or powers any property or estate,
( 238 ]
30.40.020
BRANCH BANKS
-----------------
--------------------------------------------------------------
real or personal, which may be the subject
of any such trust or power.
(11) Generally to execute trusts of
every description not inconsistent with
law.
(12) To purchase, invest in and sell
promissory notes, bills
of
exchange,
bonds, debentures and mortgages and when
moneys are borrowed or received for investment, the bonds or obligations of the
company may be given therefor, but no
trust company hereafter organized shall
issue such bonds: PROVIDED, That no trust
company which receives money for investment and issues the bonds of the company
therefor shall engage in the business of
banking or receiving of either savings or
commercial deposits:
AND PROVIDED, That
it shall not issue any bond covering a
period of more than ten years between the
date of its issuance and its maturity
date:
AND PROVIDED FURTHER, That if for
any cause, the holder of any such bond
upon which one or more annual rate installments have been paid, shall fail to
pay the subsequent annual rate installments provided in said bond such holder
shall, on or before the maturity date of
said bond, be paid not less than the full
sum which he has paid in on account of
said bond. [1973 1st ex.s. c 154 § 48;
1955 c 33 § 30.08.150. Prior: 1929 c 72 §
4, part; 1923 c 115 § 6, part; 1921 c 94 §
1, part; 1917 c 80 § 24, part; RRS § 3231,
part. ]
~tlgU.!l~J.ity...-12_73 121 ex.s. £ 154:
note following RCW 2.12.030.
see
principal of trust funds to acquire and
retain policies of life insurance made
upon tne life of any person for whose
benefit the fiduciary holds pr~perty or
made upon the life of another ~n whose
life such person has an insurable interest, the policy and the proceeds or avails
thereof
to
be
the property of the
fiduciary.
The purpose of this section is to affirm
that certain policies of life insurance
are among the investments authorized for
fiduciaries,
but without creating
any
inference that a policy of life insurance
is preferable to other authorized investments in a particular instance. [ 1973 1st
ex.s. c 89 § 1.]
Cross Reference:
Insurable interest, guardian, trustee or
other fiduciary:
RCW 48.18. 030 (3) (d) •
!Q ]]Q~ RQH~] Q] A~=
Q!! CONTRQ1 Af!~ Q!
TR.!l.§.TE~
Q!! .l!f!~ENTS OF !
IRUSI !.E]
CO~!ER~.Q ~~~ED
A FIDUCIARY--LIABILITY.
Whenever power or authority to-direct or
control the acts of a trustee or the
investments of a trust is conferred directly or indirectly upon any person other
than the designated trustee of the trust,
such person shall be deemed to be a
fiduciary and shall be liable to the
beneficiaries of said trust and to the
.designated trustee to the same extent as
if he were a designated trustee in relation to the exercise or nonexercise of
such power or authority.
[ 1973 1st ex.s.
c 89 § 2. ]
30.24.130
THOR.!!! TO
~RSON
.QIRE!
Chapter 30.20
DEPOSITS
Chapter 30.40
BRANCH BANKS
30.20.030
~!I~
OF PERSONS UNDER
DISABJ11~
When any deposit~s-been-Qr
shall hereafter be made ~n any bank or
trust company in his or her own nawe, by
any minor, married person or person under
disability, such corporation may disregard
such disability and pay such money or a
check or order of such person, the same as
in other cases. [1973 1st ex.s. c 154 §
49; 1955 c 33 § 30.20.030. Prior: 1917 c
80 § 43; RRS § 3250.]
~~~]2ility
12.U .1.2! ex.s..:. .£
note following RCW 2.12.030.
ill.:.
See
Chapter 30.24
INVESTaENT OF TRUST FUNDS
30.24.120
INVESTMENTS IN POLICIES Q!
1ll~ IN~.Q!!ANCE.:. --Within the standards of
judgment and care established by law, and
subject
to any express provisions or
limitations contained in any particular
trust instrument, guardians, trustees and
other fiduciaries, whether individual or
corporate, are authorized to invest the
1973 RCW SUPP.
30.40.020
~ANCHES
AUTHORIZED--RESTRICTIONS.
A bank or
having---a-paid-in capital of not less than
five hundred thousand dollars may, with
the approval of the supervisor, establish
and operate branches in any city or town
within the state. A bank or trust company
having a paid-in capital of not less than
two hundred thousand dollars may, with the
approval of the supervisor, establish and
operate branches within the limits of the
county in which its principal place of
business is located. A bank having a paidin capital of not less than one million
dollars may, with the approval of the
supervisor, establish and operate branches
in any foreign country. The supervisor's
approval of a branch within this state
shall be conditioned on a finding that the
resources in the neighborhood of
the
proposed location and in the surrounding
country offer a reasonable promise of
adequate support for the proposed branch
and that the proposed branch is not being
formed
for other than the legitimate
[ 239 ]
truSt--company
30.40.020
BANKS AND TRUST COMPANIES
-------------------------------
-------------------------------------------
objects covered by this title. The supervisor's approval of a branch in a foreign
country shall be conditioned on a finding
that the proposed location offers a reasonable promise of adequate support for
the proposed branch, that the proposed
branch is not being formed for other than
the legitimate objects covered by this
title, and that the principal purpose for
establishing such branch is to aid in
financing or facilitating exports and/or
imports and the exchange of commodities
with any foreign country or the agencies
or nationals thereof.
The aggregate paid-in capital stock of
every bank or trust company operating
branches shall at no time be less than the
aggregate of the minimum capital required
by law for the establishment of an equal
number of banks or trust companies in the
cities or towns wherein the principal
office or place of business of such bank
or trust company and its branches are
located.
No bank or trust company shall establish
or operate any branch, except a branch in
a foreign country, in any city or town
outside the city or town in which its
principal place of business is located in
which any bank, trust company or national
banking association regularly transacts a
banking
or trust business, except by
taking over or acquiring an existing bank,
trust company or national banking association or the tranch of any bank, trust
company or national banking association
operating in such city or town.
[1973 1st
ex.s. c 53 § 35; 1969 c 136 § 6; 1955 c 33
§ 30.40.020. Prior: 1933·c 42 § 5; RRS §
3231-1.]
SeverabjJ,itY-1.211
RCW 34.42.900.
1~ ~
£
lli
30.42.020
DEFINITIONS.
For the purposes of this chapter, the following terms
shall be defined as follows:
{1)
"Alien bank" means a bank organized
under the laws of a foreign country and
having its principal place of business in
that country, the majority of the beneficial ownership and control of which is
vested in citizens of countries other than
the United States of America.
(2)
"Office" means a branch or agency
of an alien bank carrying on business in
this state pursuant to this chapter.
(3)
"Branch" means an office of an
alien bank that is exercising the powers
authorized by RCW 30.42.110.
(4)
"Agency" means an office of an
alien bank that is exercising the powers
authorized by RCW 30.42.180.
(5)
"Bureau" means an alien bank's operation in this state exercising
the
powers authorized by RCW 30.42.230.
(6)
"Supervisor" means the supervisor
of banking of the state of Washington.
[1973 1st ex.s. c 53§ 2.]
30.42.030
!Q!HQBIZAT!Q~ J!~ £QMP~!!H£l
WITH CH~ !!~QUI!!.m4
An alien
bank
shall not establish and operate an office
or bureau in this state unless it is
authorized to do so by the supervisor and
unless it first complies with all of the
provisions of this chapter and then only
to the extent expressly permitted by this
chapter. [1973 1st ex.s. c 53§ 3.]
30.42.040
~~In!!~ OFFICE fgOHI~
An alien bank shall not be permitted to have more than one office in this
state. [1973 1st ex.s. c 53§ 4.]
l!!Q~
See
Chapter 30.42
ALIEN BANKS
30.42.010
~RQ~~
The purpose
of
this chapter is to establish a legal and
regulatory framework for operation
by
alien banks in the state of Washington
that will:
(1)
Create a financial climate which
will benefit the economy of the state of
Washington;
(2)
Provide a well regulated and supervised
financial system to assist the
movement
of
foreign
capital
into
washington
state for the support and
diversification of the local industrial
base;
(3)
Assist the development of the economy of the state of Washington without
disrupting business relationships of state
and federal financial institutions. (1973
1 st e x. s • c 53 § 1. ]
[ 240
30.42.050
!£QOISITIO] Q!! ~~!!!!]§ Q]
BOABQ Q1 DIR~TORS Q!i !~EEa Q1 OTH.[I
FI~ANCLU
!]ill!Qn~
UQJ!!.ll!~L
An
alien bank shall not take over or acquire
an existing federal or state-chartered
bank, trust company, mutual savings bank,
savings and loan association, or credit
union or any branch of any such bank,
trust company. mutual savings bank, savings and loan. association, or credit union
in this state; nor shall any designee,
officer, agent or employee of an alien
bank serve on the board of directors of
any federal or state bank, trust company,
savings and loan association, or credit
union, or the board of trustees of a
mutual savings bank. [1973 1st ex.s. c 53
§ 5.]
30.42.060
CONDITIONS TO BE MET BEFORE
OPENING OFFICEINSTATE. Analie;;baiik
office in this
shallnot hereafter open
state until it has met the following
conditions:
(1)
It has filed with the supervisor an
application in such form and containing
an
1
30.42.090
ALIEN BANKS
--------------------------------------------------------------------------------------shall be permitted to collect all interest
and/or income from the assets constituting
such allocated capital.
Should any securities so depreciate in
market value and/or guality as to reduce
the deposit below the amount required,
additional money or securities shall be
deposited promptly in amounts sufficient
to meet such requirements.
The supervisor
may make an investigation of the market
value and of the guality of any security
deposited at the time such security is
presented for deposit or at any time
thereafter.
The supervisor may make such
charge as may be reasonable and proper for
such investigation.
[1973 1st ex.s. c 53
§ 7. ]
such information as shall be prescribed by
the supervisor.
(2)
It has designated the supervisor by
a duly executed instrument in writing, its
agent, upon whom process in any action or
proceeding arising out of a transaction
with the washington office may be served.
such service shall have the same force and
effect as if the alien bank were
a
washington corporation and had been law~
fully served with process within
the
state.
The supervisor shall forward by
mail, postage prepaid, a copy of every
process served upon him under the provisions of this subdivision, addressed to
the manager or agent of such bank at its
office in this state.
(3)
It has allocated and assigned to
its office within this state
paid-in
capital of not less than two hundred
thousand dollars or such larger amounts as
the
supervisor in his discretion may
require.
(4)
It has filed with the supervisor a
letter from its chief executive officer
guaranteeing that the alien bank•s entire
capital and surplus is and shall
be
available for all liabilities and obligations of its office doing business in this
state.
(5) It has paid the fees required by
law and established by the supervisor
pursuant to RCW 30.08.095.
(6)
It has received from the supervisor
his certificate authorizing the transaction of business in conformity with this
chapter. [1973 1st ex.s. c 53 § 6.]
!§SETS_ BQ~ !!!.Q
!Q !SSET~~
Every
alien bank maintaining an office in this
state shall keep the assets
of
its
Washington office entirely separate and
apart from the assets of its other operations as though the Washington office was
conducted as a separate and
distinct
entity.
Every such alien bank shall keep
separate books of account and records for
its Washington office and shall observe
with respect to such office the applicable
requirements
of this chapter and the
applicable rules and regulations of the
supervisor.
The United States domiciled
creditors of such alien bank's Washington
office shall be entitled to priority with
respect to the assets of its Washington
office before such assets may be used or
applied for the benefit of its other
creditors or transferred to its general
business. [1973 1st ex.s. c 53§ 8.]
30.42.080
3 0. 4 2. 0 7 0
ALL.QQI ED .f!JQ=.!!!. Q.fil.!b_-=
]EQUIREMENTS. The capital allocated as
required in RCW 30.42.060
(3) shall be
maintained within this state at all times
in cash or in supervisor approved interest
bearing bonds, notes, debentures, or other
obligations of the United States or of any
agency or instrumentality thereof,
or
guaranteed by the United States: or of
this state, or of a city, county, town, or
other municipal corporation, or instrumentality of this state or guaranteed by this
state.
such capital shall be deposited
with a bank qualified to do business in
and having its principal place of business
within this state. Such bank shall issue
a written receipt addressed and delivered
to the supervisor reciting that
such
deposit is being held for the sole benefit
of the United States domiciled creditors
of such alien bank's Washington office and
that the same is subject to his order
without offset for the payment of such
creditors. For the purposes of this section, the term "creditor" shall not include
any
other
offices,
branches,
subsidiaries, or affil-iates of such alien
bank. Subject to the approval of the
supervisor, reasonable arrangements may be
made for substitution of securities.
so
long as it shall continue business in this
state in conformance with this chapter and
shall remain solvent,
such alien bank
1973 RCW SUPP.
[
SE.f!BATE
~~QRD5--PRIQRIT1
!~
30.42.090
AP.fliQYAL
Ql !gPLI~!!ION==
CRITERIA--RECIPROCITY.
The supervisor may
give----or--withhold ~is approval of an
application by an alien bank to establish
an office in this state at his discretion.
His decision shall be based on the information submitted to his office in the
application required by RCW 30.42.060 and
such additional investigation as the supervisor deems necessary or appropriate.
Prior to granting approval to said application, he shall have ascertained to his
satisfaction that all of the following are
true:
(1)
the proposed location offers a reasonable promise of adequate support for
the proposed office:
(2)
the proposed office is not being
formed for other than legitimate objects:
(3)
the proposed officers of the proposed office have sufficient banking experience and ability to afford reasonable
promise of successful operation;
(4)
the reputation and financial standing of the alien bank is such as to
command the confidence and warrant
belief
that the business of the proposed office
will be conducted honestly and efficiently
in accordance with the intent and purpose
241
]
30.42.090
BANKS AND TROST COMPANIES
-----------~-------------------------------------------------
of this chapter, as set forth in RCW
30.42.010;
(5)
the principal purpose of establishing such office shall be within the intent
of this chapter.
The supervisor shall not grant an application for an office of an alien bank
unless the law of the foreign country
under which laws the alien bank is organized permits a bank with its principal
place of business in this state to establish in that foreign country a branch,
agency or similar operation.
[1973 1st
ex.s. c 53§ 9.]
~~ Q!: !£!PROVAL--FILING!Q!i f.Q.!1ME.Nf.!NG !H!ll~~ I f
the supervisor approves the application,
he shall notify the alien bank ·Of his
approval and shall file certified copies
of
its charter, certificate or other
authorization to do business with the
secretary of state and with the recording
officer of the county in which the office
is to be located.
Upon such filing, the
supervisor shall issue a certificate of
authority stating that the alien bank is
authorized to conduct business through a
branch or agency in this state at the
place designated in accordance with this
chapter. Each such certificate shall be
conspicuously displayed at all times in
the place of business specified therein.
The office of the alien bank must commence business within six months after the
issuance of the supervisor's certificate:
PROVIDED, That the supervisor for good
cause shown may extend su.ch period for an
additional
time
not to exceed three
months. [1973 1st ex.s. c 53§ 10.]
30.42.100
I!1U!
fER~
30.42.110
POWERS ! ] ] !fTIVITIE~~ An
approved branc~an alien bank may carry
on only the following types of activities:
(1)
Deposits.
(a)
The branch may solicit, receive, or accept money or its
equivalent on deposit as a regular business from the following customers:
(i)
Corporations, partnerships, or other business organizations, the majority of
the beneficial ownership of which is owned
by persons of a country other than the
United States and who are not residents of
the United States, and any subsidiary or
affiliate owned or controlled by such an
organization;
(ii)
Corporations organized under the
laws of a state other than this state
which have not obtained a certificate of
authority to transact business in this
state pursuant to chapter 23A.32 RCW;
(iii)
Natural persons who are citizens
of a country other than the United states
and
are not residents of the United
States;
(iv)
Any other person, if the deposit
is to be transmitted abroad, or is to
provide collateral or payments for extensions of credit by the br,anch, or represents proceeds of collections abroad which
are to be used to pay for goods exported
or imported or for other direct costs of
export/import, or represents proceeds of
the extension of credit by the branch;
(v)
The government of the country in
which the alien bank is incorporated;
(vi)
Other banks;
(vii)
Any other persons, provided that
the aggregate of deposits from such persons shall not exceed twenty percent of
the aggregate of deposits accepted pursuant to this section.
(b)
A branch may accept demand deposits, time deposits, and savings deposits
from the customers specified in
this
section only upon the same terms and
conditions (including nature and extent of
such deposits, withdrawal, and the payment
of interest thereon) that banks organized
under the laws of this state and insured
by the Federal Deposit Insurance Corporation
may accept such deposits.
Such
deposits shall be subject to RCW 30.20.010
through 30.20.035, as nov or hereafter
amended. The branch shall maintain reserves or minimum available funds in this
state for such deposits to the same extent
that reserves or minimum available funds
must be maintained by banks organized
under the laws of this state.
(2)
Loans.
A branch shall have the
power to make loans and guarantee obligations
subject
to
the
following
limitations:
(a)
Customers.
Loans or
guarantees
shall be restricted to the following types
of customers:
(i)
Corporations, partnerships or other
business organizations, the majority of
the beneficial ownership of which is owned
by persons of a country other than the
United States and who are not residents of
the United States, and any subsidiary or
affiliate owned or controlled by such an
organization;
(ii)
Corporations organized under the
laws of a state other than this state
which have not obtained a certificate of
authority to transact business in this
state pursuant to chapter 23A.32 RCW;
(iii)
Natural persons who are citizens
of a country other than the United States
and are not residents of the
United
states;
(iv)
Persons engaged in the international movement of goods and services.
(b)
Purpose. Loans and guarantees may
be made only for the following purposes:
(i)
With respect to customers .specified
in subsection (2) (a) (i), (ii), and (iii)
of this section, for the financing of the
international movement of goods and services and for all operational needs including
working
capital
and
short-term
operating needs and for the acquisition of
fixed assets.
(ii)
With respect to customers specified in subsection. (2) (a) (iv) of this
section, for the financing of the international movement of goods and services, and
construction of facilities located and
[ 242 ]
ALIEN BANKS
30.42.130
--------------------------------------------------------------------------------------operations conducted outside
of
this
state.
(iii)
Nothing herein shall permit a
branch
to
make
consumer
loans
to
individuals.
(c)
Amount.
A branch shall be subject
to the same loan limitations that apply to
banks organized under the laws of this
state; however, the base for computing the
applicable loan limitation shall be the
entire capital and surplus of the alien
bank.
(3) Other activities. A branch of an
alien bank in this state shall have the
power to carry out these other activities:
{a) Borrow funds from banks and other
financial institutions;
(b)
Buy and sell foreign exchange;
(c)
Receive checks, bills, drafts, acceptances,
notes, bonds, coupons, and
other securities for collection abroad and
collect such instruments in the United
states for customers abroad;
(d)
Hold securities in safekeeping for,
or buy and sell securities upon the order
and for the risk of, customers abroad;
(e)
Act as paying agent for securities
issued by foreign governments or other
organizations organized under foreign law
and not qualified under the laws of the
United States, or any state or the District of Columbia to do business in the
United States;
(f)
In order to prevent loss on debts
previously contracted a branch may acquire
shares in a corporation: PROVIDED, That
the shares are disposed of as soon as
practical but in no event later than two
years from the date of acquisition;
(g)
Issue letters of credit and create
acceptances;
(h)
In addition to the powers and activities expressly authorized by
this
section, a branch shall have the power to
carry on such additional activities which
are necessarily incidental to the activities expressly authorized by this section.
(1973 1st ex.s. c 53§ 11.]
30.42.120
£1~!!!MMENT.§.
~!~TI!2
ACCEPTIN2
A
branch shall not commence to transact in
this
state the business of accepting
deposits or transact such business thereafter unless it has met the following
requirements:
(1)
It has obtained federal deposit
insurance corporation insurance covering
its eligible deposit liabilities within
this state, or in lieu thereof,
made
arrangements satisfactory to the supervisor for maintenance within this state of
additional capital equal to not less than
ten percent of its deposit liabilities.
such additional capital shall be deposited
in the manner provided in RCW 30.42.070.
(2)
It holds in this state currency,
bonds, notes, debentures, drafts, bills of
exchange, or other evidences of indebtedness or other obligations payable in the
United states or in United states• funds
]~!!.§.
QR
1973 RCW SUPP.
FOR
BU.§.~.§.~
[ 243
or, with the approval of the supervisor,
in funds freely convertible into United
States• funds, in an amount not less than
one hundred eight percent of the aggregate
amount of liabilities of such alien bank
payable at or through its office in this
state. When calculating the value of the
assets so held, credit shall be given for
the amounts deposited pursuant to RCW
30.42. 060 (3) and 30. 42. 120 (1).
If deposits are not insured by the federal deposit insurance corporation, then
that fact shall be disclosed to
all
depositors pursuant to rules and regulations of the supervisor. (1973 1st ex.s.
c 53 § 12. ]
30.42.130
TAKING RQ.§.~~] ~1 ~UPER=
VI~Q!L__ltllSON..§.=j1J:2.fOSJ!J.Q]
.Qf Q~~ITS=
£1!!.!1..§.=-f!U~ITIES.:.
The supervisor may
take possession of the office of an alien
bank for the reasons stated and in the
manner provided in chapter 30.44 RCW. Upon
the supervisor taking such possession of a
branch, no deposit liabilities of which
are insured by the federal deposit insurance corporation, the amounts deposited
pursuant to RCW 30.42.120 (1) shall thereupon become the property of the supervisor, free and clear of any and all liens
and other claims, and shall be held by him
in trust for the United States domiciled
depositors of the office in this state of
such alien bank.
Upon obtaining
the
approval of the superior court of Thurston
county, the supervisor shall reduce such
deposited capital to cash and as soon as
practicable
distribute
it
to
such
depositors.
If sufficient cash is available, such
distribution shall be in equal amounts to
each such depositor:
PROVIDED, That no
such depositor receives more than the
amount of his deposit or an amount equal
to the maximum amount insured by the
federal deposit insurance
corporation,
whichever is less. If sufficient cash is
not available, such distribution shall be
on a pro rata basis to each such depositor: PROVIDED, That no such depositor
receives more than the maximum amount
insured by the federal deposit insurance
corporation.
If any cash remains after
such distribution, it shall be distributed
pro rata to those depositors whose deposits have not been paid in full: PROVIDED,
That no depositor receives more than the
amount of his deposit. For purposes of
thiS section, the term "depositor" shall
not include any other offices, subsidiaries or affiliates of such alien bank.
The term "deposit" as used in this section shall mean the unpaid balance of
money or its equivalent received or held
by the branch in the usual course of its
business and for which it has given or is
obligated to give credit, either conditionally or unconditionally to a demand,
time or savings account, or which is
evidenced by its certificate of deposit,
or a check or draft drawn against a
]
30.42.130
BANKS AND TRUST COMPANIES
------------------deposit account and certified by
the
branch, or a letter of credit or traveler's checks on which the branch is primarily liable.
Claims of depositors and creditors shall
be made and disposed of in the manner
provided in chapter 30.44 RCW in the event
of insolvency or inability of the bank to
pay its creditors in this state.
The
capital deposit of the bank shall be
available for claims of depositors and
creditors.
The claims of depositors and
creditors shall be paid from the capital
deposit
in
the
following
order or
priority:
(1)
Claims of depositors not paid from
the amounts deposited pursuant to RCW
30.42.120 (1);
(2)
Claims of
Washington
domiciled
creditors;
(3)
Other creditors domiciled in the
United States; and
(4)
Creditors domiciled
in
foreign
countries.
The supervisor shall proceed in accordance with and have all the powers granted
by chapter 30.44 RCW.
( 1973 1st ex. s. c
53 § 13. J
30.42.140
~XA~J]!I!Qli2=-INVESTIGA=
I.!QNS.:.
(1)
Within ninety days after the
end of each fiscal year, an accountant,
approved by the supervisor, shall examine
the books of account of the office of an
alien bank and report to the supervisor
his opinion of the financial condition of
the office as of the last business day of
the immediately previous fiscal year.
In
making such examination, the accountant
shall follow the rules and regulations
promulgated by the supervisor governing
such examination.
(2)
The supervisor, deputy supervisor
or a bank exam~ner, without
previous
notice, shall visit the office of an alien
bank doing business in this state pursuant
to this chapter at least once in each year
and more often if necessary, for the
purpose of making a full investigation
into the condition of such office, and for
that purpose they are hereby empowered to
administer oaths and to examine under oath
any director or member of its governing
body, officer, employee or agent of such
alien bank or office.
The supervisor
shall make such other full or partial
examination as he deems necessary.
The
supervisor shall collect from each alien
bank for each examination of the conditions of its office in this state, the
estimated actual cost of such examination.
( 1973 1st ex. s. c 53 § 14.]
30.42.150
LOANS SUBJECT TO USURY LAWS.
Loans made by an-oftice-5tall- ~ubject
to the laws of the state of Washington
relating to usury. [1973 1st ex.s. c 53§
15. ]
30.42.160
POWERS AS IQ gEAL ESTATE.
An alien ban~-may purchase, hold--and
convey real estate for the
following
purposes and no other:
(1)
Such as shall be necessary for the
convenient transaction of its business,
including with its banking offices other
apartments in the same building to rent as
a source of income: PROVIDED, That not to
exceed thirty percent of its capital and
surplus and undivided profits may be so
invested
without the approval of the
supervisor.
(2)
such as shall be pu:r;:chased or conveyed to it in satisfaction, or on account
of, debts previously contracted in the
course of business.
(3)
Such as it shall purchase at sale
under judgments, decrees, liens or mortgage foreclosures, against securities held
by it.
(4)
Such as it may take title to or for
the purpose of investing in real estate
conditional sales contracts.
No real estate except that specified in
subsection
(1}
of this section may be
carried as an asset on the corporation's
books for a longer period than five years
from the date title is acquired thereto,
unless an extension of time be granted by
the supervisor. (1973 1st ex.s. c 53 §
16. ]
30.42.170
!QVEg!ISIN~ 2TATU§ Ql
l~Q=
ERA1 INSURAN~~ Q!f DEP02ITS IQ _g Uf!&Q=
ED-GIFT§ rgg NE~ DEfOSITS..!.. ( 1)
An alien
bank that advertises the services of its
branch in the state of washington shall
indicate
on all advertising materials
whether or not deposits placed with its
branch are insured by the federal deposit
insurance corporation.
(2)
A branch shall not make gifts to a
new deposit customer of a greater value
than five dollars in total. The value of
the gifts shall be the cost to the branch
of acquiring said gift. [1973 1st ex.s. c
53 § 17. ]
30.42.180
APPROVED
AGENCIES--POWERS
AHQ !~Trmg2~Anapproved:agenc1oiaii
alien bank may engage in the business of
making loans and guaranteeing obligations
for the financing of the international
movement of goods and services and for all
operational needs including working capital and short-term operating needs and for
the acquisition of fixed assets. Other
than such activities, such agency may
engage only in the following activities:
(1)
Borrow funds from banks and other
financial institutions;
(2)
Buy and sell foreign exchange;
(3)
Receive checks, bills, drafts, acceptances, notes,
bonds, coupons,
and
other securities for collection abroad and
collect such instruments in the United
States for customers abroad;
[ 244 ]
ALIEN BANKS
30.42.250
--------------------------------------------------------------------------------------(4)
Hold securities in safekeeping for,
or buy and sell securities upon the order
and for the risk of, customers abroad;
(5)
Act as paying agent for securities
issued by foreign governments or other
organizations organized under foreign law
and not qualified under the laws of the
united States, or any state or the District of Columbia to do business in the
united States;
(6)
In order to prevent loss on debts
previously contracted, an agency may acquire shares in a corporation:
PROVIDED,
That the shares are disposed of as soon as
practical, but in no event later than two
years from the date of acquisition;
(7)
Issue letters of credit and create
acceptances;
(8)
In addition to the powers and activities
exfressly authorized by this
section, an agency shall have the power to
carry on such additional activities which
are necessarily incidental to the activities expressly authorized by this section.
[ 1973 1st ex.s. c 53 § 18.]
30.42.190
BONDING REQ!lll~MENTS IQ!! OF=
FICERS AND EMPLOYEE§~
All officers and
employees-of an office shall be subject to
the
same bonding requirements as are
officers and employees of banks incorporated under the laws of this state. (1973
1st ex.s. c 53§ 19.]
30.42.200
~!§
AM] !f&QUNT§==JMGLIS~
LANGUAGE. The books and accounts of an
Office-and a bureau shall be kept in words
and figures of the English
language.
[1973 1st ex.s. c 53§ 20.]
30.42.210
BUR~==!f~!IIQM
PROC~=
(1)
Application procedure.
An
alien bank shall not establish and operate
a bureau in this state unless it is
authorized to do so and unless it has met
the following conditions:
(a)
It has filed with the supervisor an
application in such form and containing
such information as shall be prescribed by
the supervisor;
(b)
It has paid the fee required by law
and established by the supervisor pursuant
to RCW 30.08.095;
(c)
It has received from the supervisor
his certificate authorizing the applicant
bank to establish and operate a bureau in
conformity herewith.
(2)
Upon receipt of the bank's application, and the conducting of such examina•
tion or investigation as the supervisor
deems necessary and appropriate and being
satisfied that the opening of such bureau
will be consistent with the purposes of
this chapter, the supervisor may grant
approval for the bureau and issue his
certificate authorizing the alien bank to
establish and operate a bureau in the
state of Washington. [1973 1st ex.s. c 53
§ 21. )
rulli~
1973 RCW SUPP.
3 o•4 2 • 2 2 o
~.!ll!n.!!§=ll.U£1A1=fM.llf.I=
fAll Ql !!IT!!Q!ill Y-=I~ lllli Elli £Q!H1IDif=
IM§ ~§IN~S~ If the supervisor approves
the application, he shall notify the alien
bank of his approval and shall
file
certified copies of its charter, certificate, or other authorization to do business with the secretary of state and with
the recording officer of the county in
which the bureau is to be located.
Upon
such filing, the supervisor shall issue a
certificate of authority stating that the
alien bank is authorized to operate a
bureau in this state at the place designated in accordance with this chapter. No
such certificate shall be transferable or
assignable.
such certificate shall be
conspicuously displayed at all times in
the place of business specified therein.
A bureau of an alien bank must commence
business within six months after
the
issuance of the supervisor's certificate:
PROVIDED, That the supervisor for good
cause shown may extend such period for an
additional time not to
exceed
three
months. (1973 1st ex.s. c 53§ 22.]
30.42.230
BUREAUS--NUMBER--PQRER§~
An
alien bank may have as many bureaus in
this state as the supervisor will authorize.
A bureau in this state may provide
information about services offered by the
alien bank, its subsidiaries and affiliates and may gather and provide business
and economic information.
A bureau may
not take deposits, make loans or transact
other commercial or banking business in
this state. (1973 1st ex.s. c 53§ 23.]
30.42.240
BUB!A]§_--EXAMINATIQ!§~
The
supervisor is empowered to exam~ne the
bureau operations of an alien bank whenever he deems it necessary. The supervisor
shall collect from such alien bank the
estimated actual cost of such examination.
(1973 1st ex.s. c 53§ 24.]
30.42.250
TE~PORARY
FACILITIES
!!
TR_ADE fAIRSL ~TC~
An alien--bank may
operate
temporary facilities at trade
fairs or other commercial events of short
duration without first obtaining the approval of the supervisor: PROVIDED, That
the activities of such temporary facility
are limited solely to the dissemination of
information:
AND PROVIDED FURTHER, If an
alien bank engages in such activity, it
shall notify the supervisor in writing
prior to opening of the nature and location of such facility. The supervisor is
empowered to investigate the operation of
such temporary facility if he deems it
necessary, and to collect from the alien
bank the estimated actual cost thereof.
[1973 1st ex.s. c 53 § 25.]
[ 245 ]
30.42.260
BANKS AND TRUST COMPANIES
---~------------------------------------
30.42.260
~EPQ]12~
(1)
An office of
an alien bank shall file the following
reports with the supervisor within such
times and in such form as the supervisor
shall prescribe by rule or regulation:
(a)
A statement of condition of the
office;
(b)
A capital position report of the
office;
(c)
A consolidated statement of condition of an alien bank.
(2)
An office of an alien bank shall
publish such reports as the supervisor by
regulation may prescribe.
(3)
An alien bank operating a bureau in
this state shall file a copy of the alien
bank's annual financial report with the
supervisor as soon as possible following
the end of each fiscal year and shall file
such other material as the supervisor may
prescribe by rule or regulation.
[1973
1st ex.s. c 53§ 26.]
30.42.270
!AlATION.
An office of an
alien bank shall be taxed on the same
basis as are banks incorporated under the
laws of this state. ( 1973 1st ex.s. c 53
§ 27. ]
30.42.280
Q!~EC!QRSL
Qff!£]RS !!~ j~=
PLQYEES=~!!!IESL .B]SPQ.H.g~lli.!!~ AND
M=
STRICTIONS--REMOVAL.
The directors or
other-governing body of an alien bank and
the officers and employees of its office
in this state shall be subject to all of
the duties, responsibilities and restrictions to which the directors, officers and
employees of a bank organized under the
laws of this state are subject insofar as
such duties, responsibilities and restrictions are not inconsistent with the intent
of this chapter. An officer or employee
of the office of an alien bank doing
business in this state pursuant to this
chapter may be removed for the reasons
stated and in the manner provided in RCW
30.12.040, as now or hereafter amended.
( 1973 1st ex. s. c 53 § 28.]
30.42.290
COMPLIANCE--VI01!!!~_gj]=
(1)
The supervisor shall have
the responsibility for assuring compliance
with the provisions of this chapter. An
alien bank that conducts business in this
state in violation of any provisions of
this chapter shall be guilty of a misdemeanor and in addition thereto shall be
liable in the sum of one hundred dollars
per day that each such offense continues,
such sum to be recovered by the attorney
general in a civil action in the name of
the state.
(2)
Every person who shall knowingly
subscribe to or make or cause to be made
any false entry in the books of any alien
bank office or bureau doing business in
this state pursuant to this chapter or
shall knowingly subscribe to or exhibit
any false or fictitious paper or security,
ALT~
[ 246
instrument or pap9r, with the intent to
deceive any person authorized to examine
into the affairs of any such office or
bureau or shall make, state or publish any
false statement of the amount of the
assets or liabilities of any such office
or bureau shall be guilty of a felony.
(3)
Every director or member of the
governing body, officer, employee or agent
of such alien bank operating an office or
bureau in this state who conceals or
destroys any fact or otherwise suppresses
any evidence relating to a violation of
this chapter is guilty of a felony.
(4)
Any person who transacts business
in this state on behalf of an alien bank
which is subject to the provisions of this
chapter, but which is not authorized to
transact such business pursuant to this
chapter is guilty of a misdemeanor and in
addition thereto shall be liable in the
sum of one hundred dollars per day for
each day that such offense continues, such
sum
to be recovered by the attorney
general in a civil action in the name of
the state. (1973 1st ex.s. c 53§ 29.]
30.42.300
SU~fENSION OR REVOCATION
OF
CEIDfiCATE !Q QPEM!g=gQ!!ND,h I f the
supervisor finds that any alien bank to
which he has issued a certificate to
operate an office or bureau in this state
pursuant to this chapter has violated any
law, rule or regulation, or has conducted
its affairs in an unauthorized manner, or
has been unresponsive to the supervisor's
lawful orders or directions, or is in an
unsound or unsafe condition, or cannot
with safety and expediency continue business,. or if he finds that the alien bank's
country is unjustifiably refusing to allow
banks qualified to do business in and
having their principal office within this
state to operate offices or similar operations in such country, the supervisor may
suspend or revoke the certificate of such
alien bank and notify it of such suspension or revocation. [1973 1st ex.s. c 53
§ 30. l
30.42.310
~A]GE
Qf
10CJIJQ~
An
alien bank licensed to maintain an office
or bureau in this state pursuant to this
chapter may apply to the supervisor for
leave to change the location of its office
or bureau.
Such applications shall be
accompanied by an investigation fee as
established in accordance with RCW 30.42.330. Leave for a change of location
shall be granted if the supervisor finds
that the proposed new location offers
reasonable promise of adequate support for
the office. (1973 1st ex.s. c 53§ 31.]
30.42.320
RULES AND REGULATIONS. The
supervisor shall--have power to -adopt
uniform rules and regulations to govern
examination and reports of alien bank
offices and bureaus doing business in this
1
TITLE 31
DIGEST OF TITLE
-----------------
------------------------------------------------------------------
state pursuant to this chapter and the
form ~n which they shall report their
assets, liabilities, and reserves, charge
off bad debts and otherwise keep their
records and accounts and otherwise to
govern ~he administration of this chapter.
[ 1973 1st ex. s. c 53 § 32.]
30.42.330
~
The supervisor shall
collect in advance from an alien bank for
filing its application for an office or a
bureau and the attendant investigation,
and for such other applications, approvals
or certificates provided herein, such fee
as shall be established by rules and
regulations promulgated pursuant to the
administrative procedure act, chapter 34.04 RCW, as now or hereafter amended. The
alien bank shall also pay to the secretary
of state and the county recording officer
for filing instruments as required by this
chapter the same fees as are charged
general corporations for the tiling of
similar instruments and also the same
license fees as are required of foreign
corporations doing business in this state.
[ 1973 1st ex. s. c 53 § 33. ]
30.42.340
ALIEN §A~KS QB ~BA!fli~§ !]
J?USIN.§§ Ql! Q] BEFORE ~FFECTIY.I; Qllb {1)
Any branch of an alien bank that is
conducting business in this state on July
16, 1973 pursuant to RCW 30.04.300 shall
not be subject to the provisions of this
chapter, and shall continue to conduct its
business pursuant to RCW 30.04.300.
(2) Except as provided in subsection
(1) of this section, any alien bank that
is conducting business in this state on
July 16, 1973 shall be subject to the
provisions of this chapter:
PROVIDED,
That any such alien bank which has operated an agency or similar operation in this
state for at least the five years immediately preceding such effective date shall
not be denied a certificate to operate an
agency. (1973 1st ex.s. c 53§ 34.]
30.42.900
SEVERABILITY--1973 1ST EX.S.
If any provision of--this -,g?}
amendatory act, or its application to any
person or circumstance is held invalid,
the remainder of this 1973 amendatory act,
or the application of the provisions to
other persons or circumstances shall not
be affected. [1973 1st ex.s. c 53§ 38.]
£
2~
Chapter 30.44
INSOLVENCY AND LIQUIDATION
30.44.280
PA!nli!ii Q£1 !QQUI§!TIQ!i Qf
DEPOS!I 1il~!llTIES l l .fillB!b QHQSII
!li§Qll.N£~
£QBEQRATI~!Q1
lilliQ~llQ
~!
ill!Q!CIAL ll!.IEW=Lill!biT,h The pendency
of any proceedings for judicial review of
the supervisor's actions in taking possession and control of a bank or trust
company and its assets tor the purpose of
liquidation shall not operate to defer,
delay, impede, or prevent the payment or
acquisition by the federal deposit insurance corporation of the deposit liabilities of the bank or trust company which
are insured by the corporation.
During
the pendency of any proceedings for
judicial review, the supervisor of banking
shall make available to the federal deposit insurance corporation such facilities
in or of the bank or trust company and
such books, records, and other relevant
data of the bank or trust company as may
be necessary or appropriate to enable the
corporation to pay out or to acquire the
insured deposit liabilities of the bank or
trust company. The federal deposit insurance corporation and its directors, officers,
agents,
and
employees,
the
supervisor of banking, and his agents and
employees shall be free from liability to
the bank or trust company, its directors,
stockholders, and creditors for or on
account of any action taken in connection
herewith. [ 1973 1st ex.s. c 54 § 2.]
TITLE 31
MISCELLANEOUS LOAN AGENCIES
Sections added, amended, or repealed:
30.44.270
FEDERAL DEPOSIT
INSURANCE
£0RP0£1AT!Q!i A§ -gECEIVER- OR LIQUIDATOR-:
!gfQ!!iiME!ii==EQ!ERS !!ig QQ!!];§~ The federal
deposit insurance corporation is
hereby authorized and empowered to be and
act without bond as receiver or liquidator
of any bank or trust company the deposits
1973 RCW SUPP.
in which are to any extent insured by that
corporation and which shall have been
closed on account of inability to meet the
demands of its depositors. In the event
of such closing, the supervisor of banking
may appoint the federal deposit insurance
corporation as receiver or liquidator of
such
bank or trust company.
If the
corporation accepts such appointment, it
shall have and possess all the powers and
privileges provided by the laws of this
state with respect to a liquidator of a
bank or trust company, its depositors and
other creditors, and be subject to all the
duties of such liquidator, except insofar
as such powers, privileges, or duties are
in conflict with the provisions of the
federal deposit insurance act, as now or
hereafter amended.
[1973 1st ex.s. c 54 §
1. ]
[ 247
31.12.020
31.12.160
31.12.180
31.12.190
J
Declaration of policy~Maximum
interest rate--Defaults.
Meetings--Voting rights.
Officers--Bonds--Credit and investment committees.
Powers and duties of directors.
TITLE 31
MISCELLANEOUS LOAN AGENCIES
--------------------------------31.12.205
31.12.210
31.12.220
31.12.240
31.12.245
31.12.260
31.12.270
31.12.280
31.12.290
31.12.320
31.12.440
31.12.450
31.12.460
31.12.470
31.12.900
Investment committee--Meetings--Authority.
Compensation of directors and
treasurer--Loans to directors.
Guaranty fund.
Credit committee--Powers and
duties.
Loan officer--Powers.
Funds to be loaned, surplus to
be deposited or invested--Banking prohibited.
Classes of loans--Preference-Term.
Limits and conditions of personal loans.
Loans secured by real estate
mortgages or contracts.
Reports--Examinations--Suspension of business-Communications.
Suspension or revocation of articles--Involuntary liquidation--Grounds.
Suspension or revocation of articles--Involuntary liquidation--Notice--Procedure.
Involuntary liquidation-Procedure.
Involuntary liquidation--Cancellation of articles.
Severability--1973 1st ex.s. c
31.12.160
MEETIN~!Q!!NG
RIGHTS.
The annual meeting of the corporatT;n
shall be held at such time and place as
the bylaws prescribe, but not later than
ninety days after the close of the fiscal
year.
Special meetings may be called at
any time by a majority of the directors,
and shall be called by the secretary upon
written application of ten percent or more
of the voting members of the corporation.
Notice of all meetings of the corporation
and of all meetings of the directors and
of committees shall be given as provided
in the bylaws.
No member may vote by
proxy or have more than one vote, and
after a credit union has been incorporated
for one year, no member may vote until he
has
been a member for three months.
Ballot voting by mail may be authorized by
the board of directors as prescribed in
the bylaws. To be eligible to vote a
member must have not less than one fully
paid share.
A fraternal organization,
voluntary
association, partnership, or
corporation having a membership in
a
credit union may cast one vote at any of
its meetings by its authorized agent.
(1973 1st ex.s. c 8 § 2; 1967 c 180 § 4;
1953 c 48 § 2; 1943 c 131 § 10; 1933 c 173
§ 12; Rem. supp. 1943 § 3923-12.]
8.
~hsR!§I ~!
In~~ial
poratio.!!§~
31.24.050
31.24.190
Development ££I=
Membership by financial institutions--Loans to corporation
by members--Limitations-Interest.
Formation of industrial development corporation for purpose
of preservation of historic
buildings or areas.
Chapter 31.12
CREDIT UNIONS
31.12.020
~1ARA!ION Qf POLICY--MAXI=
MUM INTEREST RATE--DEFAULTS.
A credit
union-is a cooperativ~iety incorporated for the two-fold purpose of promoting
thrift among its members and creating a
source of credit for them at legitimate
rates of interest not to exceed
one
percent per month on the unpaid balance or
the equivalent thereto, for provident,
productive,
and
educational purposes.
Credit unions, in the event of default of
such credit, may impose financing and
reasonable late charges in accordance with
their bylaws and may recover reasonable
costs and expenses incurred in the collection of any sums due if provided for in
the note or agreement signed by
the
borrower. [1973 1st ex.s. c 8 § 1; 1967 c
180 § 2; 1957 c 23 § 3.
Prior:
1943 c
131 § 1, part; 1933 c 173 § 1, part; Rem.
Supp. 1943 § 3923-1, part.]
31.12.180
OFFICERS--BOND5--CREDIT AND
INVESTMENT ~ITTE~
The directors-at
their first meeting after the
annual
meeting shall elect from their own number
a president, one or more vice presidents,
a secretary, a treasurer, and such other
officers as may be necessary for the
transaction of the business of the credit
union, who shall be the officers of the
corporation and who shall hold office
until their successors are elected and
qualified unless sooner removed as hereinafter provided: PROVIDED, That the treasurer need not be a director. The board
shall select a credit committee composed
of three or more members of the credit
union, who need not be board members. The
offices of secretary and treasurer may be
held by the same person.
No director
shall be a member of both the credit and
auditing committee, and no more than one
director
shall serve on the auditing
committee. The board may select an investment committee of not less than three
members of the credit union, who need not
be board members. No director shall be a
member of both the investment and auditing
committee.
Each officer and employee
handling funds of the credit union shall
give bond to the directors in such amount
and with such surety and conditions as the
supervisor may prescribe. [1973 1st ex.s.
c 8 § 3; 1967 c 180 § 6; 1959 c 138 § 2;
1953 c 48 § 3; 1939 c 65 § 2; 1933 c 173 §
14; RRS § 3923-14.]
[ 248 )
31.12.220
CREDIT UNIONS
--------------------------------------------------------------------------------------31.12.190
POW~ AN] ]]liE~ Ql
]IREC~
The board shall have the general
direction of the affairs of the corporation and shall meet as often as may be
necessary, but not less than once in each
month. lt shall act upon all applications
for membership and upon the expulsion of
members, except that a membership officer
may be authorized by the board to approve
applications for membership under such
conditions as the board may prescribe
which are consistent with the provisions
of this chapter, and such
membership
officers so authorized shall submit to the
board at each monthly meeting a list of
approved or pending applications for membership received
since
the
previous
monthly meeting, together with such other
related information as the bylaws or the
board may require. The board shall determine the rate of interest on loans subject
to the limitations herein, determine the
rate of interest to be paid on deposits,
which shall not be greater than one-half
of one percent less than the rate at which
dividends have been declared during the
immediately preceding period,
determine
the types of security which shall be
acceptable on loans subject to the limitations herein, and fill vacancies in the
board and in such committees for which
prov~s~on
as to filling of vacancies is
not made herein, until the next election.
The board shall make recommendations to
the members relative to matters upon which
it deems the members should act at any
regular or special meeting.
The board
from time to time shall set the amount of
shares and deposits which any one member
may hold in the credit union, and set the
amount which may be loaned, secured or
unsecured, to any one member, all subject
to the limitations contained in
this
chapter.
At each annual, semiannual, or
quarterly period the board may declare a
dividend from net earnings, which shall be
paid on all shares outstanding at the time
of declaration, and which may be paid to
members on shares withdrawn during the
period. Shares which become paid up during
the year shall be entitled to a proportional part of the dividend calculated
from the first day of the month following
such payment in full:
PROVIDED, That the
board may compute such full shares if
purchased on or before the tenth day of
any month, as of the first day of the
month.
The board may borrow money in
behalf of the credit union, for
the
purpose of making loans, and the payment
of debts or withdrawals.
The aggregate
amount of such loans shall not exceed
thirty-three and one-third percent of ,the
credit
union's paid-in and unimpaired
capital and surplus except with the approval of the supervisor. It may, by a
two-thirds vote, remove from office any
officer for cause; or suspend any member
of the board, credit committee, investment
committee, or audit committee, for cause,
until the next membership meeting, which
meeting shall be held within fifteen days
!OR~
1973 RCW SUPP.
of the suspension, and at which meeting
the suspension shall be acted upon by the
members. The board shall make a written
report to the members at each annual
meeting. [1973 1st ex.s. c 8 § 5; 1969 c
65 § 3; 1967 c 180 § 7; 1959 c 138 § 3;
1957 c 23 § 5; 1953 c 48 § 4; 1943 c 131 §
12; 1933 c
173 § 15; Rem. Supp. 1943 §
3923-15.]
31.12.205
IH!~~TMENT
£Q~~ITTEE-=~I=
INGS--AUTHORITY. The investment committee
shalr-~d such meetings as are necessary
to accomplish its work.
The investment
committee shall have the authority to make
those investments permitted by RCW 31.12.260 as now or hereafter amended, but the
actions of the committee shall be subject
to the superv~s~on of the board. (1973
1st ex.s. c 8 § 4.]
COMPEN§AIION
Ql QIR~CTQB~
IQ Q!BECIQ~~
No
director shall receive compensation for
his service3 as such or as a member of a
committee, nor shall he borrow from the
corporation to an amount in excess of his
shares and deposits in the credit union
and the accumulated earnings standing to
his credit on the books of the corporation
except by written approval of
threefourths of the members of the board. The
treasurer elected by the board may receive
such compensation as the board may authorize. ( 1973 1st ex.s. c 8 § 6; 1957 c 23
§ 6;
1943 c 131 § 14; 1933 c 173 § 17;
Rem. Supp. 1943 § 3923-17.]
31.12.210
AMQ
IREASURER--LO!N~
31.12.220
GUARANTY FU!Q~
Before the
payment of any~ividend there shall be set
apart as a guaranty fund not less than
twenty percent of the net income which has
accumulated
during the next preceding
dividend period, except as hereinafter
provided, until such time as said guaranty
fund and undivided profits shall equal ten
percent of the outstanding loans not fully
covered by shares of the said credit union
and thereafter there shall be added to the
guaranty fund at the end of each such
period such percentage of the net income
which has accumulated during that period
as will result in at least maintaining
such guaranty fund and undivided profits
at such amount:
PROVIDED, That credit
unions with shares insured by the administrator, National Credit Union Administration, may in the alternative comply with
reserve ~equirements and regulations promulgated by the National Credit Union
Administration.
All entrance fees shall
be added to the guaranty fund at the close
of the dividend period, and shall never
exceed twenty-five cents for each member.
The guaranty fund and the investments
thereof shall be held to meet contingencies or losses in the business of the
credit union, and shall not be distributed
to its members, except in the case of
[ 249 ]
31.12.220
MISCELLANEOUS LOAN AGENCIES
dissolution. [ 19 7 3 1st ex. s.
c 8 § 7;
196 9 c 6 5 § 5; 1967 c 180 § 8; 1943 c 131
§ 15; 1933 c 17 3 § 18; Rem. Supp.
1943 §
3923-18. 1
31.12.240
CREDI,! COMMJ!!1;g=Wll~ !!f.Q
The credit committee shall hold
meetings at least once a month; act on all
applications for loans; and approve in
writing all personal loans granted and any
security pledged therefor.
No personal loans shall be made unless
all the members of the credit committee
vho are present when the application is
considered,
which number shall constitute
at least two-thirds of the members of the
committee, approve such loan, except as
provided in RCW 31.12.245.
The credit
committee
may be established in such
numbers and at such places as is necessary
to serve member needs, with a minimum of
two members needed for loan approval:
PROVIDED, That such extension of service
is approved by the supervisor.
No loan
shall be granted unless it promises to be
of benefit to the borrower.
A borrower
shall have not less than one fully paid
share. [ 1973 1st ex.s. c 8 § 8; 1969 c 65
§ 6; 1957 c 23 § 7; 1943 c 131 § 17; 1933
c 173 § 21; Rem. Supp. 1943 § 3923-21.]
QQ!l]~
31.12.245
LOAN QifiCER--POWERS.
The
board of any credit union organized under
this chapter whose assets are in excess of
two hundred thousand dollars may appoint
such loan officers as it deems advisable
for the purpose of approving certain types
of loans without further authorization
from the credit committee. Credit unions
with assets of two hundred thousand dollars or less may appoint such loan officers:
PROVIDED, That the supervisor has
given his prior approval thereto.
All loans not approved by a loan officer
shall be acted upon by the credit committee. (1973 1st ex.s. c 8 § 9; 1969 c 65 §
7; 1967 c 180 § 10; 1959 c 138 § 5; 1957 c
23 § 8.]
31. 12.260
FU~ TO _ru; 1.Q!.H~~
~HlJl~
] ] Q]POSI,U] OR l~~M.HKING .EM=
li~IT~~
The capital, deposits, and surplus of a credit union shall be invested
in loans to members, with the approval of
the credit committee or the loan officer
where permitted herein, and also when
required herein, of the board of directors
or of the investment committee.
Any
capital, deposits, or surplus funds in
excess of the amount for which loans may
be approved, may be deposited or invested:
(a)
In banks or trust companies or in
state or national banks located in this
state.;
(b)
In any bond or securities or other
investments which are at the time legal
investments for savings and loan associations in this state, except first mortgage
real estate loans, or which are fully
IQ
guaranteed as to payment of principal and
interest by the United States government,
and general obligations of this state and
general obligations of counties, municipalities, or public purpose districts of
this state;
(c)
In obligations issued by banks for
cooperatives, federal land banks, federal
intermediate credit banks, federal home
loan banks,
the Federal Home Loan Bank
Board, or any corporation designated in
section 846 of Title 31 u.s.c. as a wholly
owned government corporation; or in obligations, participations, or other instruments of or issued by, or fully guaranteed
as
to principal and interest by the
Federal National Mortgage Association or
the
Government
National
Mortgage
Association;
(d)
In participation certificates evidencing beneficial interests in obligations, or in the right to receive interest
and principal collections therefrom, which
obligations have been subjected by one or
more government agencies to a trust or
trusts for which any executive department,
agency or instrumentality of the United
States
(or the head thereof)
has been
named to act as trustee;
(e)
In the shares, share certificates
or share deposits of other credit unions
or savings and loan associations organized
or authorized to do business under the
laws of this state or the United States,
or in the notes of such credit unions in
the process of liquidation;
{f} In the ICU government securities
program of ICU Services Corporation owned
by CUNA, Incorporated, or up to
two
percent thereof in a corporation owned by
the Washington Credit Union League;
(g)
In such other investments authorized in accordance with rules and regulations
prescribed
by
the
supervisor
consistent with chapter 31.12 RCW as nov
or hereafter amended:
PROVIDED, That any such securities shall
not be eligible for investment if they
have been in default either as to principal or interest within five years prior to
date of purchase.
No credit union shall carry on a banking
business or carry any demand, commercial,
or checking accounts, nor issue any time
or demand certificates of deposit.
Investments other than loans to members
shall be made only with the approval of
the board or of the investment committee.
[1973 1st ex.s. c 8 § 10; 1969 c 65 § 8;
1959 c 138 § 6; 1957 c 23 § 9; 1947 c 213
§ 2; 1933 c 173 § 20; Rem.
Supp.
1947 §
3923-20. 1
31.12.270
£k~~
OF
LOANS--PREFERENCE--TERM. A credit union may make:
--~-personal loans to its members secured by the note of the borrower or other
collateral satisfactory to the
credit
committee, including but not limited to
interests in real estate and security
interests in mobile homes, travel trailers
( 250 ]
CREDIT UNIONS
31.12.290
-------------T-------------------~--------------------------------------------------
and motor homes as
defined
by
RCW
82.50.010;
(2) Loans to its members under the act
of congress known as the "Higher Education
Act of 1965", Nov. 8, 1965, Pub. L. 89-329
(20 usc sections 1001 to 1144 inc.);
(3)
Loans to its members secured by a
first security interest in a mobile home,
travel trailer and motor home, as defined
by RCW 82.50.010, owned by the member.
All such loans must be amortized
by
weekly, semimonthly, or monthly payments,
which payments, including interest, shall
be at the rate of not less than fifteen
percent per year of the original principal. Such loans shall not exceed seventyfive percent of the purchase price or of
the appraised value thereof, whichever is
the lesser;
(4) Loans to its members secured by
first mortgages or real estate contracts
in
which members are buyers if such
mortgage or contract relates to
real
estate which is situated within the state;
such real estate must be within fifty
miles of the principal office of the
credit union unless with prior approval of
the supervisor; and
(5)
Loans to other credit unions upon a
two-thirds majority vote of the board:
PROVIDED, That the total amount of such
loans does not exceed twenty-five percent
of the paid-in and unimpaired capital and
surplus of the lending credit union.
Personal loans shall be given preference, and in the event there are not
sufficient funds available to satisfy all
loan applicants approved by the credit
committee, further preference shall be
given to the smaller loan. Each personal
loan shall be payable within four years
from the date thereof:
PROVIDED, That
loans with satisfactory security may be
made payable within eight years from the
date thereof. (1973 1st ex.s. c 8 § 11;
1969 c 65 § 9; 1967 c 180 § 11; 1965 ex.s.
c 38 § 1; 1957 c 23 § 11. Prior: 1953 c
48 § 6; 1947 c 213 § 4, part; 1943 c 131 §
18, part; 1933 c 173 § 23, part; Rem.
supp. 1947 § 3923-23, part.]
31.12.280
LIMITS AND CONDITIONS
OF
PERSONAL LOANS.
No -lOan which is not
adequately-secured may be made to any
member, if, upon the making of that loan,
the member would be indebted to the credit
union
upon loans made to him in an
aggregate amount which, in the case of a
credit union whose unimpaired capital and
surplus is less than eight thousand dollars would exceed five hundred dollars, or
which, in the case of any other credit
union, would exceed two thousand five
hundred dollars or two and one-half per
centum
of its unimpaired capital and
surplus, whichever is less. No loan may
be made to any member if, upon the making
of that loan, the member would be indebted
to the credit union upon loans made to him
in an aggregate amount which would exceed
five hundred dollars or ten percent of the
1973 RCW SUPP.
credit union's unimpaired capital
and
surplus, whichever is greater: PROVIDED,
That loans which are not secured totally
by share deposits to any family community
shall not exceed ten thousand dollars
without the permission of the supervisor.
(1973 1st ex.s. c 8 § 12; 1969 c 65 § 10;
1967 c 180 § 12; 1965 ex.s. c 38 § 2; 1959
c 138 § 7; 1957 c 23 § 12. Prior:
1953 c
48 § 7; 1947 c 213 § 4, part; 1943 c 131 §
18, part; 1933 c 173 § 23, part; Rem.
supp. 1947 § 3923-23, part.]
31.12.290
~!!§ SECU~Q EY REA1 ~~
MORTGAGE§ OR £Q!I~A£TS~ The total amount
which a credit union may lend on the
security of mortgages on, or contracts
relating to, real estate shall not exceed
the following limits:
(a)
Ten percent of its total assets if
its assets are under one hundred thousand
dollars.
(b)
Twenty percent of its total assets
if its assets are over one hundred thou·
sand dollars but
under
one
million
dollars.
(c)
Thirty percent of its total assets
if its assets are in excess of one million
dollars.
All loans secured by mortgages or contracts on real estate shall be subject to
the following restrictions:
(1)
Loans secured by first mortgages
shall be only on real estate improved by a
home, a combination home and business
building, or a two unit residential building in which the owner-borrower is the
occupant of one unit; loans may be made
for the construction of any such improvements.
Additional parcels of noncontiguous, improved, habitable, residential real
estate may be includ~d in the same loan as
such security together with the principal
property.
(2)
Any loans made on a real estate
contract must be through warranty deed and
assignment of the seller's interest, and
the principal amount of the purchase price
must have been reduced by twenty-five
percent; the monthly payments must not be
delinquent at time of the loan and the
real estate must be such as would qualify
for a mortgage loan under paragraph (1)
hereof.
(3)
The total amount which may
be
loaned on any one property or to any one
family community borrower shall not exceed
two and one-half percent of the assets of
the credit union, or ten thousand dollars,
whichever is greater, except with the
prior approval of the supervisor. Such
loan shall not exceed seventy-five percent
of the appraised value of the real estate
if there is located thereon a home or if
the loan is made for the construction or
completion of improvements.
All taxes and assessments must be paid
currently, and all such loans must be
amortized within a maximum period
of
twenty years by weekly, semimonthly or
[ 251 ]
31.12.290
MISCELLANEOUS LOAN AGENCIES
--------------------------------------------------------------------------------------monthly payments, which payments, including interest, shall be at the rate of not
less than seven and one-half percent per
year of the original principal.
The real estate covered by any such
mortgage or contract must be inspected and
appraised by an appraiser who has had two
or more years experience in appraising
real estate for loan purposes within the
area in which the property is located.
The credit union must have a policy of
title insurance issued concurrently by an
insurance company licensed to do business
in the state of Washington, insuring the
interest of the credit union in the real
estate in the full amount of the loan, or
must have an abstract brought up to date
of the loan and certified by a practicing
attorney; also with fire insurance covering at least the interest of the credit
union. [1973 1st ex.s. c 8 § 13; 1967 c
180 § 13; 1959 c 138 § 8; 1957 c 23 § 13.
Prior: 1953 c 48 § 8; 1947 c 213 § 4,
part;
1943 c 131 § 18, part; 1933 c 173 §
23, part; Rem. Supp.
1947 § 3923-23,
part. ]
31.12.320
REPORTS-~EXAMINATIONS--SUSfiDillON
Q.f --BUSINESS~COKMuNICATIQli~~
Within thirty days after the first business day of January in each year, the
auditing committee of each credit un~on
shall make to the supervisor a report in
such form as he may prescribe, and shall
make oath that the report is true and
correct.
Any credit union neglecting to
make said report within the time herein
prescribed and such other requested reports within thirty days after notification shall forfeit to the state one dollar
for each day during which neglect continues. The penalty for any single delinquency
shall
not
exceed twenty-five
dollars.
The supervisor shall make or cause to be
made an examination and full investigation
into the affairs of each credit union at
least once each calendar year. The actual
cost of examination and supervision shall
be paid by the credit union examined:
PROVIDED, That the supervisor may accept
in lieu of an examination the report of
any competent accountant, satisfactory to
the supervisor, who has made and submitted
a report of the condition of the affairs
of such credit union, and if approved,
shall have the same force and effect as
though the examination were made by the
supervisor
or one of his appointees.
Examination costs shall not be payable by
a credit union with respect to the first
examination following approval of
its
articles of incorporation by the supervisor, and the supervisor may adjust examination
costs
payable
for succeeding
examinations giving due consideration to
the time and expense incident to such
examinations, and to the ability of the
credit unions to pay such costs.
If it is found that the capital of a
credit union be impaired or that business
is being conducted contrary to law the
supervisor may require said credit union
to suspend operations until such condition
is corrected.
Any communications from the supervisor
to the board of directors must be read
before said board at its next meeting and
the reading noted in the minutes of the
meeting. [1973 1st ex.s. c 8 § 14; 1947 c
213 § 5; 1943 c 131 § 20; 1933 c 173 § 26;
Rem. Supp. 1947 § 3923-26.]
31.12.440
~~ENSIQ!
OR REVOCATION OF
ARTICLES--INVOLUNTARY
-- ~QATION-=
'GRouiiDS.--The-articles of incorporation of
any state chartered credit union may be
suspended or revoked, the credit union
placed in involuntary liquidation and a
liquidating agent therefor appointed upon
the finding by the supervisor that the
organization is bankrupt, or insolvent.
(1973 1st ex.s. c 8 § 15.]
31.12.450
SUSPENSION OR REVOCATION OF
ARTICL~::::J.NVQLUNTARX-- 1.!QQIDATION-NO=
TI~PR~~
Except as otherwise provided in this chapter, the supervisor,
before suspending or revoking the articles
of incorporation of a credit union and
placing the credit union in liquidation,
shall cause to be served on the credit
union concerned a notice of intention to
suspend or revoke the articles, a statement of the reasons for such proposed
action and an order directing the credit
union concerned to show cause why its
articles of incorporation should not be
suspended or revoked.
Service of the
order to show cause shall be either (1) by
mail addressed to the credit union concerned at the last address of its office
as shown by the records of the division of
savings and loan or
(2)
by
personal
delivery to any of the officers or members
of the board of directors of the credit
union. The order shall be returned to the
division of savings and loan.
No oral
hearing shall be held on such order to
show cause, but the credit union concerned
may file with the division of savings and
loan, within the period of time specified
in the ord~r to show cause, a statement in
writing setting forth the grounds and
reasons why its articles of incorporation
should not be suspended or revoked.
This
statement shall be accompanied by a certified copy of a resolution of the board of
directors of the credit union concerned
authorizing the filing of the statement.
If no statement is received within the
period of time specified in the order, or
if the proffered reasons why the articles
of incorporation should not be suspended
or revoked are found to be insufficient by
the supervisor, he may order the articles
of incorporation be suspended or revoked
and may order the credit union placed in
involuntary liquidation.
If the credit
union is ordered to be liquidated the
supervisor shall designate the liquidating
[ 252 }
INDUSTRIAL DEVELOPMENT CORPORATIONS
31.24.050
--------------------------------------------------------------------------------------agent in the order directing the liquidation.
A copy of the order directing the
suspension or revocation and where proper,
of the order directing the involuntary
liquidation and of the appointment of a
liquidating agent, and a statement of the
findings on which the order is based,
shall
be served on the credit union
concerned. Such service shall be either
(1)
by mail addressed to the credit union
concerned at the last address of its
office as shown by the records of the
division of savings and loan or
(2)
by
personal delivery to any officer or member
of the board of directors of the credit
union concerned.
[1973 1st ex.s. c 8 §
16. ]
INVOL]!TA]1
bl~Q!Q!I!QB==
on receipt of a copy of the
order placing the credit union in involuntary liquidation, the officers and directors of the credit union concerned shall
deliver to the liquidating agent possession and control of all books, records,
assets, and property of every description
of the credit union, and the liquidating
agent shall proceed to convert said assets
to cash, collect all debts due to said
credit union and to wind up its affairs in
accordance with the instructions and procedures issued to said liquidating agent
by the supervisor. (1973 1st ex.s. c 8 §
17.]
31.12.460
RROCEDURE~
INVOLUNI!RY
11~1DAIION-=
OF !Jl!Eb.!;b On the completion of the liquidation and certification
by the liquidating agent that the distribution of assets of the credit union has
been completed, the supervisor shall cancel the articles of incorporation of the
credit union concerned. (1973 1st ex.s. c
8 § 18.]
31.12.470
!;;~CELLAT,!ON
31.12.900
~EVERAB!LITY~1273 ~ EX.S~
!;; .§.:..
If any provision of this 1973
amendatory act, or its application to any
person or circumstance is held invalid,
the remainder of the act, or the application of the provision to other persons or
circumstances is not affected. [ 1973 1st
ex.s. c 8 § 19.]
Chapter 31.24
INDUSTRIAL DEVELOPMENT CORPORATIONS
31.24.050
MEMBERSHIP BY FINANCIAL 1]=
~lli]TIO]~==LOANS TO--CORPORAIIO] .!l.! 11EM=
~S-=k!~!TAI!QNS==INT~RE~~
Any
financial institution may request membership in the corporation by making application to the board of directors on such
form and in such manner as said board of
directors
may require, and membership
shall become effective upon acceptance of
such application by said board.
1973 RCW SUPP.
Each member of the corporation shall
make loans to the corporation as and when
called upon by it to do so on such terms
and other conditions as shall be approved
from time to time by the board of directors, subject to the following conditions:
(1)
All loan limits shall be established
at the thousand dollar amount
nearest to the amount computed in accordance with the provisions of this section.
(2)
No loan to the corporation shall be
made if immediately thereafter the total
amount of the obligations of the corporation would exceed ten times the amount
then paid in on the outstanding capital
stock of the corporation.
(3)
The total amount outstanding on
loans to the corporation made by any
member at any time, when added to the
amount of the investment in the capital
stock of the corporation then held by such
member, shall not exceed:
(a)
Thirty percent of the total amount
then outstanding on loans to the corporation by all members, including in said
total amount outstanding, amounts validly
called for loan but not yet loaned.
(b)
The following limit, to be determined as of the time such member becomes a
member on the basis of the audited balance
sheet of such member at the close of its
fiscal
year immediately preceding its
application for membership, or in the case
of an insurance company, its last annual
statement to the state insurance commissioner; two and one-half percent of the
capital and surplus of commercial banks
and
trust companies; one-half of one
percent of the total outstanding loans
made by savings and loan associations, and
building and loan associations;
tvo and
one-half percent of the capital and unassigned surplus of stock insurance companies, except fire insurance companies; two
and one-half percent of the unassigned
surplus of mutual insurance companies,
except fire insurance companies; one-tenth
of one percent of the assets of fire
insurance companies; and such limits as
may be approved by the board of directors
of the corporation for other financial
institutions.
(4)
Subject to subsection
(3)
(a)
of
this
section, each call made by the
corporation shall be prorated among the
members of the corporation in substantially the same proportion that the adjusted
loan limit of each member bears to the
aggregate of the adjusted loan limits of
all members.
The adjusted loan limit of a
member shall be the amount of such member's loan limit, reduced by the balance
of outstanding loans made by such member
to the corporation and the investment in
capital stock of the corporation held by
such member at the time of such call.
(5)
All loans to the corporation by
members
shall be evidenced by bonds,
debentures, notes, or other evidences of
indebtedness of the corporation, which
shall be freely transferable at all times,
and which shall bear interest at a rate of
[ 253 ]
31.24.050
MISCELLANEOUS LOAN AGENCIES
not less than one-quarter of one percent
in excess of the rate of interest determined by the board of directors to be the
prime rate prevailing at the date of
issuance thereof on unsecured commercial
loans.
(1973 1st ex.s. c 90 § 1; 1963 c
162 § 5. 1
31.24.190
FORMATION OF INDUSTRIAL DEjELOPlt~NT ~Ql!EORATroN-IQ]-PURPos'E oF IiR'Es:=
ERVATION OF HISTORIC BUILDINGS OR AREAS.
rn-additicn-to~purposes--specifiea--In
RCW 31.24.020
(2)
( (3)] an industrial
development corporation may be formed to
encourage and stimulate the preservation
of historic buildings or areas by returning them to economically productive uses
which are compatible with or enhance the
historic character of such buildings or
areas; to stimulate and assist in the
development of business or other activities which have an impact upon the preservation of historic buildings or areas; to
cooperate and act in conjunction with
other organizations,_ public or private, in
the promotion and advancement of historical preservation activities; and to provide financing through loans, investments
of other business transactions for the
promotion, development, and conduct of all
kinds of business activity which encourages or relates to historic preservation.
An industrial development corporation created to carry out the purposes of this
section shall not engage in the broad
economic and business promotion activities
permitted by ECW 31.24.020 (3) which are
not related to the purposes of
this
section.
Any such industrial development
corporation shall in all other respects be
subject to the provisions of this chapter.
( 1973 1st ex.s. c 90 § 2.]
TITLE 32
MUTUAL SAVINGS BANKS
sections added, amended, or repealed:
Chapter
~Q
32.20.280
32.20.330
32.20.450
32.20.460
32.20.470
32.20.480
32.20.490
32.20.500
Investment§~
Investments in real estate.
Obligations of industrial
corporations.
Low-cost housing--Legislative
finding.
Low-cost housing--Factory built
housing--Mobile homes.
Improvement of private land for
public parks and recreation
areas.
Loans or investments to provide
adequate housing and environmental improvements--Criteria-Restrictions.
Single family residences--First
mortgages--Insured loans.
Construction--1973 1st ex.s. c
31.
[
~SJ2te£ 32~1!!.
32.24.090
32.24.100
.!.!l§Ol~n£.Y
and
Lig:gidatioD~
Federal deposit insurance corporation as receiver or liquidator--Appointment--Powers and
duties.
Payment or acquisition of deposit liabilities by federal
deposit insurance corporation-Not hindered by judicial review--Liability.
Chapter 32.20
INVESTMENTS
32.20.280
.!M!E~~!HI~
IN B~!b ~TAI~~
A mutual savings bank may invest its funds
in real estate as follows:
(1) A tract of land whereon there is or
may be erected a building or buildings
suitable for the convenient transaction of
the business of the savings bank, from
portions of which not required for its own
use revenue may be derived: PROVIDED, That
the cost of the land and building or
buildings
for the transaction of the
business of the savings bank shall in no
case exceed fifty percent of the guaranty
fund,
undivided profits,
reserves, and
subordinated securities of the savings
bank, except with the approval of the
supervisor; and before the purchase of
such property is made, or the erection of
a building or buildings is commenced, the
estimate of the cost thereof, and the cost
of the completion of the building or
buildings, shall be submitted to
and
approved by the supervisor. "The cost of
the land and building or buildings" means
the amounts paid or expended therefor less
the reasonable depreciation thereof taken
by the bank against such improvements
during the time they were held by the
bank.
(2) Such lands as shall be conveyed to
the savings bank in satisfaction of debts
previously contracted in the course of its
business.
(3) Such lands as the savings bank shall
purchase at sales under
judgments, decrees, or mortgages held by it.
~11 real
estate purchased by any such
savings bank, or taken by it in satisfaction of debts due it, under this section,
shall be conveyed to it directly by name,
and the conveyance shall be immediately
recorded in the office of the proper
recording officer of the county in which
such real estate is situated.
Every parcel of real estate purchased or
acquired by a savings bank under this
section, shall be sold by it within five
ye.ars from the date on which it was
purchased or acquired, or in case it was
acquired subject to a right of redemption,
within five years from the date on which
the right of redemption expires, unless:
(1) There is a building thereon occupied
by the savings bank and its offices, or
254 ]
INVESTMENTS
32.20.460
--------------------------------------------------------------------------------------(2) The supervisor, on application of
the board of trustees of the savings bank,
extends the time within which such sale
shall be made. [1973 1st ex.s. c 31 § 6;
1969 c 55 § 7;
1955 c
13 § 32.20.280.
Prior:
1929 c 74 § 22; 1921 c 156 § 11o;
1915 C 175 § 12; RRS § 3381-22.]
32.20.330
OBLIGATIONS Q!
J]DU~TRlb1
~QSPORATIONS. A--'inUtuai savings bank may
invest not to exceed fifteen percent of
its funds in such interest bearing obligations issued,
guaranteed or assumed by
corporations commonly accepted as industrial corporations or engaged in communications,
transportation,
furnishing
utility or telephone services, manufacturing, mining, merchandising or commercial
financing, incorporated under the laws of
the United States, or any state thereof,
or the District of Columbia, or
the
Dominion of canada, or any province thereof, as mature within thirty years from the
time of the investment, subject to the
following conditions:
(1) Not more than two percent of said
bank's funds shall be invested in such
obligations of any one such corporation,
pursuant to this section or otherwise.
(2) Such obligations at the time of
purchase are rated among the three highest
classifications of one or more nationally
recognized investment rating
services.
[1973 1st ex.s. c 31 § 7; 1971 ex,s. c 222
§ 6; 1955 c 80 § 6.]
32.20.450
LOW-COST
HOUSING--LEGISLATIVE FINDING, -The legislature findS-there
Is-a shortage of adequate housing in a
suitable environment in many parts of this
state for people of modest means,
which
shortage adversely affects the public in
general and the mutual savings banks of
this state and their depositors.
The
legislature further finds that the making
of loans or investments to alleviate this
problem which may provide a less than
market rate of return and entail a higher
degree of risk than might otherwise be
acceptable, will benefit this state, the
banks, and their depositors.
( 1973 1st
ex.s.c31§1.]
32.20.460
LOW~COST
HOUSING--FACTORY
BUILT HOUSING_:MOBILE-HOMEs:--In--addition
to~he-pQrtio~oi-rts~unds permitted to
be invested in real estate loans under RCW
32.20.250 as limited by RCW 32.20.410 and
in loans for home or property repairs,
1973 RCW SUPP.
alterations, appliances, improvements, or
additions, home furnishings, for installation of underground utilities, for educational purposes, for mobile homes used or
to be used for permanent or semipermanent
housing, or for nonbusiness family purposes under RCW 32.20.400, a mutual savings
bank may invest not to exceed five percent
of its funds in loans and investments made
after July 16, 1973 as follows:
(1)
Loans for the rehabilitation, remodeling, or expansion of existing housing, if it is arranged that the loan
proceeds will be used for such purpose.
Such loans may be secured by
second
mortgages, shall require the payment of
principal and interest in annual,
semiannual, quarterly or monthly payments at a
rate which if continued would repay the
loan in full in not more than fifteen
years, and shall be in a principal amount
not to exceed nine thousand five hundred
dollars per living unit for single family
housing or seven thousand five hundred
dollars per living unit for multi-family
housing.
(2)
Loans in connection with,
or participation in:
(a)
Housing programs of any agency of
federal, state or local government; and
(b)
Housing programs of any nonprofit,
union,
community, public, or quasi-public
corporation or entity.
such housing must be made available to
all without regard to race,
creed, sex,
color, or national origin.
(3)
Loans for purchasing or constructing factory built housing, including but
not limited to mobile homes used or to be
used for permanent or semipermanent hous~
ing, where the principal balance of any
such loan does not exceed in the case of a
new mobile home one hundred percent of the
manufacturer's invoice price of such mobile home
(including any equipment installed by the manufacturer, or installed
or to be installed by the dealer) ;
or in
the case of a used mobile home, one
hundred percent of the wholesale value of
such
used mobile home
(including any
installed equipment) as established in the
dealer's market.
The loan shall be secured by a first mortgage on the real
estate, except that no real estate mortgage need be obtained if provision satisfactory to the bank is made for removal of
the mobile home or other housing in the
event of default and realization on the
security.
(4) In mobile home chattel paper which
finances the acquisition of inventory by a
mob~le
home dealer if the inventory is to
be held for sale in the ordinary course of
business by the mobile home dealer, the
monetary obligation evidenced by
such
chattel paper is the obligation of the
mobile home dealer and the amount thereof
does not exceed the amount allowed to be
loaned on such mobile homes under subsection (3) of this section. [1973 1st ex.s.
c31§2.]
[ 255 ]
32.20.460
MUTUAL SAVINGS BANKS
See
IMPROVE]~NT OF fliJY~
1!]]
PARKS AND RECREATION AREAS.
subject to the limits hereinafter--set
forth,
a mutual savings bank may expend
its funds for the improvement for public
use of privately owned land as parks or
recreation areas, including but not limited to "vest pocket 11 parks, provided that
the owner of such land will:
(1)
Permit public use thereof for a
period of at least eighteen months or for
such longer period and subject to such
other requirements as the bank may impose;
and
(2)
At or before the end of public use,
permit the removal of all such improvements which in the bank's judgment reasonably may be accomplished.
As used in this section, "public use"
means use without regard to race, creed,
sex, color, or national origin.
The
amount expended hereunder and under RCW
32.12.070 (2) (d)
in any calendar year
shall not exceed one-half of one percent
of the net earnings of bank for the
preceding year.
[1973 1st ex.s. c 31 §
3. J
32.20.470
i~
fUBLI~
32.20.480
10ANS QB INYESI~~MTS 1Q ggQ=
!DEQ!!ll!i j!OUSIJiQ ill IDi!IRONMENTAJ::
IMPROVEMENTS--CRITERIA--RESTRICTIONS.
ioans or investments mide-under-.this 1973
amendatory act may provide a less than
market rate of return and entail a higher
degree of risk than might otherwise be
acceptable to the general market, so long
as the board of trustees of the bank
determines the loan or investment may be
beneficial to the community where made,
without the need to show a direct corporate benefit, and so long as any private
individual who benefits is not, and is not
related to any person who is, an officer,
employee, or trustee of the bank. It is
hereby recognized that the mutual savings
banks of the state of washington and their
depositors are affected adversely by the
absence of adequate low-cost housing and
environmental developments and improvements within the communities they serve
and the state of washington.
The amount a mutual savings bank may
invest under *this 1973 amendatory act
during any twelve month period at less
than a market rate of return shall not
exceed two percent of the total principal
amount of all real estate loans made by
the
bank during the preceding twelve
months.
[1973 1st ex.s. c 31 § 4.]
.lill
!~Yi~~~ QQi!~
(1) "this 1973 amendatory act" consists of RCW 32.20.450-32.20.500 and the amendments to RCW 32.20.280
and 32.20.330 by 1973 1st ex.s. c 31.
[
{2)
Construction--1973 1st ex.s. c
See RCW 32.20.5CO.
31:
32.20.490
SINGLE f!]J11 RESIDENCES-FIRST MORTGAGES=INSURED LOANs:---A-mutual
savings bank-mayinvestitsfunds in first
mortgages on single family residences,
which loans are insured in whole or in
part by an insurance company authorized to
do business in the state of Washington and
in the business of insuring real estate
mortgages. Except as provided in subsections
(1)
and
(2)
of this section, the
prov1s1ons of RCW 32.20.250 shall apply to
such loans:
(1) Any loan so insured may
exceed
ninety percent of the value of the real
estate, including improvements, but shall
not exceed ninety-five percent of such
value.
(2) The terms of payment and the ultimate maturity of such loan may exceed the
limits as set forth in RCW 32.20.250.
[1973 1st ex.s. c 31 § 5.]
32.20.500
COM§TRUCIIQM==~11 1§1 li!•S•
11~
The powers granted by *this 1973
amendatory act are in addition to and not
in limitation of the powers conferred upon
a mutual savings bank by other provisions
of law. [ 1973 1st ex.s. c 31 § 8.]
~
11 this 1973 amendatory
_!B~iser'§ not!U
act", see note following RCW 32.20.480.
Chapter 32.24
INSOLVENCY AND LIQUIDATION
32.24.090
FEDE!!!b
DEPOSIT INSURANCE
CORPORATION AS RECEIVER--OR--LIQ[IQ!IQR APPOINTMENT-POWERSAND DUTI~~ The federal--deposit--rnsurance corporation
is
hereby authorized and empowered to be and
act without bond as receiver or liquidator
of any mutual savings bank the deposits in
which are to any extent insured by that
corporation and which shall have been
closed on account of inability to meet the
demands of its depositors. In the event
of such closing, the supervisor of banking
may appoint the federal deposit insurance
corporation as receiver or liquidator of
such mutual savings bank. If the corporation accepts such appointment, it shall
have
and possess all the powers and
privileges provided by the laws of this
state with respect to a liquidator of a
mutual savings bank, its depositors and
other creditors, and be subject to all the
duties of such liquidator, except insofar
as such powers, privileges, or duties are
in conflict with the provisions of the
federal deposit insurance act, as now or
hereafter amended.
[1973 1st ex.s. c 54 §
3. 1
256 ]
DIGEST FOR TITLE
TITLE 33
---------------------------------------------------------------------------~------~---
32.24.100
fAYME]l
QS
ACQQIS!!ION
Q!
~~IT
1!!~1b!!IE~
~l
FED~~A1
Q~PO§!!
INS!ill11!9 ~Q!!fORATIQ.!!=.!!QI !!IN~illQ
~l
~uogn1
RE!ll~Lll~IL.
The pendency
of any proceedings for judicial review of
the supervisor's actions in taking posses•
sion and control of a mutual savings bank
and its assets for the purpose of liquidation shall not operate to defer, delay,
impede, or prevent the payment or acquisition by the federal deposit insurance
corporation of the deposit liabilities of
the mutual savings bank which are insured
by the corporation. During the pendency
of any proceedings for judicial review,
the
supervisor of banking shall make
available to the federal deposit insurance
corporation such facilities in or of the
mutual savings bank and such books, records, and other relevant data of the
mutual savings bank as may be necessary or
appropriate to enable the corporation to
pay out or to acquire the insured deposit
liabilities of the mutual savings bank.
The federal deposit insurance corporation
and its directors, officers, agents, and
employees, the supervisor of banking, and
his agents and employees shall be free
from liability to the mutual savings bank,
its directors, stockholders, and creditors
for or on account of any action taken in
connection herewith. (1973 1st ex.s. c 54
33.24.005
33.24.120
33.24.230
33.24.270
33.24.280
33.24.295
33.24.350
33.24.360
33.24.370
33.24.380
"Mortgage" includes deed of
trust.
Appraisal for mortgage loans.
Mobile dwellings.
Stock in small business investment companies.
Capital stock, capital debentures and bonds issued by
corporations.
Loans for nonbusiness family
purposes.
Acquisition of control of savings and loan association-Definitions.
Acquisition of control of savings and loan association--Application--Contents.
Acquisition of control of savings and loan association--Preventive action or proceeding to
prevent--Grounds.
Acquisition of control of savings and loan association-Penalty.
Cha,pte£ ll.:..!Q
!!!2S.!ygg£YL 1i~Yi~sli2!!L
,!1erq~£~
33.40.050
Involuntary liquidation-Procedure.
§ 4. ]
Chapt~£
TITLE 33
SAVINGS AND LOAN ASSOCIATIONS
33..:..!!.§ ~y.sranty St.Q£~ §Svinqs
Loan AS.§.Q£ia tiQl!.§.:.
33.;48.150
33.48.160
33.48.170
33.48.180
Sections added, amended, or repealed:
33.48.190
33.04.011
33.04.020
33.04.025
"Mortgage" includes deed of
trust.
Supervisor--Powers and duties.
Rules and regulations.
S:haptm;_ .Jl.:.l£
33.12.180
POEU
~nd Restric!_ion~.:..
33.48.200
33.48.210
Trustee of retirement planestablished under federal act
entitled "Self-employed Individuals Tax Retirement Act of
1962 11 •
33.48.220
33.48.230
33.4 8. 24 0
~haptgr ~~~1£
Di~£1-Q~§L ofti£~£§ ~ng
Em=
,p,!oye_g§.:..
33.16.040
33.16.110
33.16.120
33.48.250
Removal of director, officer or
employee on objection of
supervisor.
Budget--Limit of expenses.
statement of assets and liabilities--Reports.
33.48.260
33.48.270
33.48.280
33.48.290
33.20.050
Married persons as members.
1973 RCW SUPP.
[ 257 ]
~ng
Organizing permit--Required.
Organizing permit--Application.
Organizing permit~conditions.
Permit authorizing sale of
guaranty stock--Required prior
to sale or issuance of stock.
Permit authorizing sale of
guaranty stock--Required prior
to sale of issued or outstanding stock.
Permit authorizing sale of
guaranty stock--Application.
Permit authorizing sale of
guaranty stock--Examination and
investigation.
Permit authorizing sale of
guaranty stock--Recitation.
Sales of guaranty stock--Imposition of conditions.
Amendment, alteration or revocation of permits~Grounds.
Purchase by association of
stock issued by it.
Reduction of guaranty stock.
Surplus from reduction of
st0ck.
Paid-in or contributed surplus
or surplus created by reduction
of stock--Application and uses.
RCW 33.48.150 through 33.48.290
inapplicable to foreign
associations.
Ch. 33.04
SAVINGS AND LOAN ASSOCIATIONS
------------------------------~--------------
Chapter 33.04
GENERAL PROVISIONS
33.04.011
"MORTGAGE" INCLUDES
See RCW 33~:005:-------
!EQST~
ill!! Q!
3 3. 0 4 • 02 0
_ayg~R VI SO R-fQYM !l!Q Q!!~~
The supervisor
(1) shall be charged with
the administration and enforcement of this
title and shall have and exercise all
powers necessary or convenient thereunto;
(2)
shall issue to each association
doing business hereunder, when it shall
have paid its annual license fee and be
duly qualified otherwise, a certificate of
authority
authorizing
it to transact
business;
(3)
shall require of each association
an annual statement and such other reports
and statements as he may deem desirable,
on forms to be furnished by him;
(4)
shall require each association to
conduct its busin9SS in compliance with
the provisions of this title;
(5)
shall visit and examine into the
affairs of every association, at least
once in each biennium;
may appraise and
revalue its investments and securities;
and shall have full access to all the
books, records, papers, securities, correspondence, bank accounts, and other papers
of such association for such purposes;
(6)
may accept or exchange any information or reports with the examining division of the federal savings and loan
insurance corporation or other like agency
which may insure the accounts in
an
association or to which an association may
belong;
(7)
shall
have power to administer
oaths to and to examine any person under
oath concerning the affairs of any association and, in connection therewith, to
issue subpoenas and require the attendance
and testimony of any person or persons at
any
place within this state, and to
require witnesses to produce any books,
papers, documents, or other things under
their control material to such examination; and
(8)
shall have any and all other powers
incidental to the purposes of such examination and administration. (1973 c 130 §
22;
1945 c 235 § 95; Rem. Supp. 1945 §
3717-214. Prior:
1933 c 183 §§ 79, 94,
95; 1919 c 169 § 12; 1913 <= 110 § 19; 1890
p56 § 19.]
Severabilitj--1973 £
following RCW 33.24.350.
llQ~
130•
-.a.
See
See
note
RCW
33.04.025
RUL~
!HQ BEGULATIONS. The
supervisor shall adopt uniform rules and
regulations in accordance with the administrative procedure act, chapter 34.04
RCW, to govern examinations and reports of
[ 258
savings and loan associations and the form
in which they shall report their assets,
liabilities, and reserves, charge off bad
debts and otherwise keep their records and
accounts, and otherwise to govern the
administration of this title.
He shall
mail a copy of the rules and regulations
to each savings and loan association at
its principal place of business, and they
shall be effective thirty days after the
mailing thereof.
The person doing the
mailing shall make and file his affidavit
thereof in the office of the supervisor.
(1973 c 130 § 20.]
sevenbilj,ty .J273
g
following RCW 33.24.350.
130·
-~
130·
_.:.
See
note
See
RCII
Chapter 33. 12
POWERS AND RESTRICTIONS
33. 12. 180
TR US,!~~ .Qr RE!I!illME!f! PLA!
ESTA5LISHED Q]QER ~RAb !CT ~li!ITL~
11
SR!=.M.fLOYtQ IliQIVIDUA!& Ill !l~ffi!!rnNT
!&! Ql 1962 11 • A savings and loan association shall have the power to act as
trustee under:
A retirement plan established pursuant
to the provisions of the act of congress
entitled "Self-Employed Individuals Tax
Retirement Act of 1962 11 (76 Stat. 809, 26
u.s.c. Sec. 37), as now constituted or
hereafter amended. If a retirement plan,
which in the judgment of the savings and
loan association, constituted a qualified
plan under the provisions of that act at
the time accepted by the savings and loan
association,
is subsequently determined
not to be a qualified plan or subsequently
ceases to be a qualified plan in whole or
in part, the savings and loan association
may, nevertheless, continue to act as
trustee of any deposits theretofore made
under the plan and to dispose of the same
in accordance with the directions of the
trustor and the beneficiaries thereof.
[1973 1st ex.s. c 93 § 1.]
Chapter 33.16
DIRECTORS, OFFICERS AND EMPLOYEES
33.16.040
~MOVAb Ql DIREC!QBL .QfFICEB
.Q1! IDl~1Qll~ ON .Q]Â¥M;!IO]! .QI ~yg!;RVISQfu
If the supervisor shall notify the board
of directors of any association in writing, that he has information that any
director, officer, or employee of such
association is dishonest, reckless, or
incompetent or is failing to perform any
duty of his office, the board shall meet
and consider such matter forthwith and the
supervisor shall have notice of the time
and place of such meeting. If the board
shall find the supervisor's objection to
be well founded, such director, officer,
J
33.24.120
LOANS AND INVESTMENTS
----------------------------------------------------------------------------------~--
or employee shall be removed immediately.
If the board does not remove the director,
officer, or employee against whom the
objections have been filed, or if the
board fails to meet, consider or act upon
the objections within twenty days after
receiving the same, the supervisor may
forthwith or within twenty days thereafter, remove such individual by complying
with the administrative procedure act,
Title 34 RCW.
If the supervisor feels
that the public interest or safety of the
association, requires the immediate removal of such individual, he may petition the
superior court for a temporary injunction
removing such individual pending the administrative procedure hearing.
(1973 c
130 § 21; 1945 c 235 § 17; Rem. supp. 1945
§ 3717-136. Prior:
1933 c 183 § 18.)
~fiermJ.it.Y:: 197 3
£
130:
following RCW 33.24.350.
See
See
Definitions--1973
3 3:-24
:Jso-.-----
note
RCW
33.16.110
BUDGET __~Itl!I OF EXPENSES.
The board of directors, not later~n--at
the regular meeting in January of each
year, shall adopt a budget of expenses for
the ensuing calendar year, which budget
may be revised at any regular monthly
meeting by a two-thirds vote of the entire
board of directors.
The officers shall maintain the expenses
of the association within the budget so
adopted.
The secretary shall transmit forthwith
to the supervisor a copy of the budget,
and of each amendment thereof, upon adoption.
[1973 c 130 § 25; 1945 c 235 § 25;
Rem. Supp. 1945 § 3717-144. Prior:
1941
c 222 § 5; 1933 c 183 §§ 19, 66; 1919 c
169 § 9; 1913 c 110 § 15.]
~g.£$bilit.Y::-l.lli
£
j30.:.
See
note
c 169 §§ 11, 12; 1913 c
1890 p 56 §§ 18, 36. ]
seve£aQlJ.i1Y==121l
£
following RCW 33.24.350.
DefinitiQ!!2=-1lli
33.24.350.
See
RCW
33.16.120
STATEMENT OF ASSETS AND LIAThe 'boar<fOtdirectors
shall cause to be prepared, from the books
of the association, a statement of assets
and of liabilities, as of December 31st in
each year, which statement shall be published on or before the 15th day of
January of each year, in a newspaper of
general circulation in the county where
the principal office of the association is
located.
The board shall also cause to be prepared,
certified, and filed
with the
supervisor, upon blanks to be furnished by
him, such reports and statements as he,
from time to time, may require.
[1973 c
130 § 23; 1945 c 235 § 27; Rem. Supp. 1945
§ 3717-146.
Prior:
1933 c 183 § 79; 1919
1973 RCW SUPP.
[ 259
j10:
18,
19;
See
note
See
RCW
Chapter 33.20
MEMBERS--SAVINGS
33.20.050
n!RRll~ R!RSONS ~
~EM~~!~~
Married persons may become members of an
association and all contracts entered into
between a married person and an association, with respect to such person's membership or such person's savings therein,
shall be valid and enforceable and, unless
notice shall be given to the association
that the same are community funds,
all
savings accounts of a married person shall
be held for the exclusive right
and
benefit of such married person and free
from the control or lien of all other
persons, except creditors, and shall be
paid, together with dividends thereon, to
such member, and such person's receipt or
acquittance shall be a valid discharge of
the obligation.
[1973 1st ex.s. c 154 §
50; 1945 c 235 § 43; Rem.
Supp.
1945 §
3717-162. Prior: 1933 c 183 § Q2.]
~g~bili!~==1973 1§1 g~§~ £
note following RCW 2.12.030.
12i.i
See
Chapter 33.24
LOANS AND INVESTMENTS
33. 24.005
"MORTG~
il£1&~~~ ~jED Ql
TRUST. The word "mortgage" as used in
thrs--title includes deed of trust. (1973
c 130 § 28.]
--
c 130:
~~y~bili!Y=:1273
following RCW 33.24.350. ....
Definition§==J97J
33.24.350.
1H1lliE~==REgORTS~
§§
j30;_
£
following RCW 33.24.350.
130:
110
£
130·
--.&.
see
See
note
RCW
33.24.120
APPRAISAL
rQR
MORTGAGE
to~
For -ev;ry~ortgage loan;~he
borrower shall execute a note and
a
mortgage which shall constitute a first
lien upon a fee estate in improved real
property.
For such loan, the appraised
value shall be the value of the land and
the permanent improvements thereon.
Appraisals for loan purposes shall be made
by two appraisers appointed by the board
of directors, either or both of whom, if
qualified, may be directors of the association:
PROVIDED, That the directors of an
association may by resolution authorize
the reduction in the number of appraisers
on
every type loan to one qualified
appraiser. In cases of loans insured or
]
33.24.120
SAVINGS AND LOAN ASSOCIATIONS
-----------------------------------------------guaranteed in whole or in part by a
government agency,
the appraisal made by
the government agency shall be sufficient.
Every appraisal shall be made in writing, shall state that each appraiser has
personally examined said property, has no
personal interest therein, the conservative value of the property as so determined, and shall be
signed
by
the
appraiser.
such appraisal shall be filed
with the association, before any mortgage
loan shall be made.
Every mortgage loan,
before
making,
shall be approved by the directors of the
association or by a loan committee appointed by the directors for that purpose.
(1973 c 130 § 26; 1959 c 280 § 4;
1949 c
20 § 7; 1945 c 235 § 69; Rem. Supp. 1949 §
3717-188.
Prior:
1939 c 98 § 11; 1933 c
183 §§ 56, 58; 1925 ex.s. c 144 § 5; 1913
c 110 §§ 8, 9; 1903 c 116 § 2; 1890 p 56 §
4. ]
~~verabilit1==1211
£
llQ~
See
subject to the further limitations and
conditions
that at the time of such
investment the aggregate of the reserves,
surplus,
undivided profits and guaranty
stock, if any, of the association is at
least equal to five percent of the assets
of the association and that immediately
upon the making of any investment under
authority of this paragraph, the aggregate
amount of all investments then held by the
association under authority of this paragraph does not exceed fifty percent of its
guaranty stock,
reserves, surplus, and
undivided profits.
[ 1973 c 130 § 31; 1969
c 107 § 14.]
Severability }273 £
following RCW 33.24.350.
Definitions--1973
33~350~--------
33.2~.295
note
PU~!2~
following RCW 33.24.350.
See
£
§~abiliti--1973
Definitions--1973
33:24.350.
g
130·
-~
1301.
See
See
See
See
note
RCW
LOANS FOR NONBUSINESS !b]l1!
An~ssociatioil"iiayi150' invest
not to exceed five percent of its assets
in secured or unsecured loans for any
nonbusiness family purposes:
PROVIDED,
That the principal amount of any such loan
shall not exceed five thousand dollars and
shall be repayable in monthly, quarterly,
or semiannual installments commencing not
more than sixty days after the date of
such loan and extending over a payment
period of not to exceed seven years.
[1973 c 130 § 27.]
RCW
33.24.230
MOBJb~
DWE11J!Q§~
An association may invest its funds in loans upon
the security of mobile dwellings used as
semi-permanent
or
permanent
housing.
Loans made pursuant to this section shall
not exceed ten percent of the association's assets, except with the written
approval of the supervisor. (1973 c 130 §
24; 1967 c 49 § 7.]
following RCW 33.24.350.
11Q~
Se~gbilit1=12ll
£
130~
following RCW 33.24.350.
note
Definitions--1973
33:24:35-0.-------
See
See
note
RCW
RCW
33.24.350
ACQYISITIO! 21 fQ~IBQb Ql
SAVINGS AND LOAN ASSOCIATION--DEFINITIONS.
As--used--rn-*this-,973-amendatory-ac~he
33.24.270
STO~ I! SMJLL BU§INES2
IN!1§~! COM~!2~
A savings and loan
association may purchase and hold for its
own investment accounts stock in small
business investment companies licensed and
regulated by the United States as authorized by the small business act, Public
Law 85-536, as amended and now in force,
in an amount not to exceed one percent of
its assets. [1973 c 130 § 30; 1969 c 107
§ 13. ]
§ev~abiliti--197J
£ 130:
following RCW 33.24.350.
Definitions--1973
33:24:-Jso:--------
See
See
following words,
unless differently defined shall have the meanings and references as follows:
(1)
"Subsidiary" of a person or company
for purposes of *this 1973 amendatory act,
means any person or company which is
controlled by such person or company.
(2)
"Control" means directly or indirectly or acting in concert with one or
more
other
persons or companies, or
through one or more subsidiaries, owning,
controlling,
or holding with the power to
vote twenty-five percent or more of the
outstanding guaranty stock of a savings
and loan association.
(3)
"Acquiring party" means the person,
company, or subsidiary acquiring control
of a savings and loan association. [1973
c 130 § 1.]
note
RCW
33.24.280
Qill,li §IOCKL ~!li!!b DE,:
AND ~ .!.2§m ]1 fQ]RORATI~
An
association may invest in capital
stock, capital debentures and bonds issued
by any corporation organized under the
laws of the United States or any state,
~ENTUll,2
[
*Reviser's note:
"this 1973 amendatory
act" [ 1973 c--:i3o] is codified as RCW
33.04.020,
33.04.025,
33.16.040,
33.16.110,
33.16.120, 33.24.005,
33.24.120,
260
]
33.24.370
LOANS AND INVESTMENTS
--------------------------------------------------------------------------------------33.24.230, 33.24.270, 33.24.280, 33.24.295, 33.24.350-33.24.380, 33.40.050 and
33.48.150-33.48.290.
§.!!!!U.:A!2il.it.L-:J.971 £ .U..Q..i. 11 I f any provision of this 1973 amendatory act, or its
application to any person or circumstance
is held invalid, the remainder of the act,
or the application of the provision to
other persons or circumstances is not
affected.. [ 1973 c 130 § 32. ]
33.24.360
!£QY~!!ON
OF ~QNTRQ~ Q!
§AVUQ§ ANI! bOAN
!~§2~IA!.!Qlf=::!ff11CA=
TION--CONTENTS.
It ~s unlawful for any
acquiring-party to acquire control of a
savings and loan association until thirty
days after the date of filing with the
supervisor an application containing substantially all of the following information and any additional information that
the supervisor may prescribe as necessary
or appropriate in the public interest or
for the protection of savings account
holders, borrowers or stockholders:
(1) The identity, character and experience of each acquiring party by whom or on
whose behalf acquisition is to be made;
(2) The financial and managerial resources and future prospects of
each
acquiring
party
involved
in
the
acquisition;
(3)
The terms and conditions of any
proposed acquisition and the manner in
which such acquisition is to be made;
(4)
The source and amount of the funds
or other consideration used or to be used
in making the acquisition and, if any part
of these funds or other consideration bas
been or is to be borrowed or otherwise
obtained for the purpose of making the
acquisition, a description of the transaction and the names of the parties, however, where a source of funds is a loan made
in the lender's ordinary course of business, if the person filing such statement
so requests, the commissioner shall not
disclose the name of the lender to the
public;
(5) Any plans or proposals which any
acquiring party making the acquisition may
have to liquidate such savings and loan
association to sell its assets, to merge
it with any company, or to make any other
major changes in its business or corporate
structure or management;
(6) The identification of any persons
employed, retained or to be compensated by
the acquiring party, or by any person on
his behalf, who makes solicitations or
recommendations to stockholders for the
purpose of assisting in the acquisition,
and brief description of the terms of such
employment, retainer or arrangements for
compensation;
(7) Copies of all invitations for tenders or advertisements making a tender
offer to stockholders for purchase of
their stock to be used in connection with
the proposed acquisition: PnOVIDED, That
when an unincorporated company is required
1 97 3 RCW SUPP.
[ 261
to file the statements under subsections
(1),
(2) and
(6)
of this section, the
supervisor may require that the information be given with respect to each partner
of a partnership or limited partnership,
by each member of a syndicate or group,
and by each person who controls a partner
or member.
When an incorporated company
is required to file the statements under
subsections (1) ,
(2)
and (6) of this
section, the supervisor may require that
the information be given for the corporation and for each officer and director of
the corporation and for each person who is
directly or indirectly the
beneficial
owner of twenty-five percent or more of
the outstanding voting securities of the
corporation: PROVIDED FURTHER, That if any
tender offer, request or invitation for
tenders or other agreement to acquire
control is proposed to be made by means of
a registration statement under the Securities Act of 1933 (48 Stat. 74, 15 u.s.c.
Sec. 77a), as amended, or in circumstances
requiring the disclosure of similar information under the Securities Exchange Act
of 1934 (48 stat. 881; 15 u.s.c. Sec.
77b), as amended, or in an application
filed with the federal home loan bank
board requ1r~ng similar disclosure, such
registration statement or application may
be filed with the supervisor in lieu of
the requirements of this section. [1973 c
130 § 2. ]
__
.....
130·
£
following RCW 33.24.350.
See
note
See
§~verabili~I==J273
RCW
33.24.370
ACQQ!§ITIQN QI £QN1BQb QI
SA!!NQ§ AND bQ!! !SSQ~IAI.!Q!_-=£B]!]NT!!~
~!ION
OR ll,QCEM.!NQ IQ PR~ll!I=2.!12QlfDS.!.
The supervisor may within thirty days
after the date of filing of the application referred to in RCW 33.24.360, file an
action or proceeding in the superior court
to prevent the pending acquisition of
control if he finds any of the following:
(1) The acquisition would substantially
lessen competition or would in any manner
be in restraint of trade or would result
in a monopoly, or would be in furtherance
of any combination or conspiracy to monopolize or to attempt to monopolize the
savings and loart business in any part of
the state of Washington, unless he also
finds that the anticompetitive effects of
the
proposed
acquisition are clearly
outweighed in the public interest by the
probable effect of the acquisition in
meeting the convenience and needs of the
community to be served;
(2)
The poor financial condition of any
acquiring party might jeopardize the financial stability of the savings and loan
association being acquired or might prejudice the interests of the savings account
holders, borrowers, or stockholders of the
]
33.24.370
SAVINGS AND LOAN ASSOCIATIONS
--------------------------------------------------------------------------------------savings and loan association or is not in
the public interest;
(3)
The plan or proposal under which
the acquiring party intends to liquidate
the savings and loan association, to sell
its assets, or to merge it with any person
or company, or to make any other major
change in its business or corporate structure or management, is not fair
and
reasonable to the association's savings
account holders, borrowers, or stockholders or is not in the public interest; or
(4)
The competence, experience and integrity of any acquiring party who would
control the operation of the savings and
loan association indicates that approval
would not be in the interest of the
association's
savings account holders,
borrowers, or stockholders or in
the
public interest. [1973 c 130 § 3.]
~~g:ability
197.J
£
following RCW 33.24.350.
Definitions--1973
3 3. 24.3 5-o-.------
.l.J.Q..:.
£
See
note
See
RCW
33 • .24.380
ACQUISITION Qf f.QmQ1 Q!
.§MINGS
ANQ LOAN M~~IA!IQ.li:::::RID!!11.!~
Any person who wilfully violates
any
provision of RCW 33.24.360, or any regulation or order thereunder, is guilty of a
misdemeanor and shall upon conviction be
fined not more than one thousand dollars
for each day during which the violation
continues. (1973 c 130 § 4.)
130.
.§U_gghili.U=-Jlll £ ---.1following RCW 33.24.350.
See
note
the federal savings and loan insurance
corporation the appointment as liquidator.
Upon the filing with and approval by the
court of such bond, the supervisor shall
enter upon his duties as liquidator of the
affairs of the association, and, under the
direction of the court, shall administer
and liquidate the assets thereof and apply
the same to the payment of the expenses of
liquidation and the debts of the association, and distribute the remainder to the
savings members, first paying juvenile and
school savings accounts in full,
and
distributing the then remainder to the
remaining
savings
accounts
proportionately.
If the court tenders the appointment as
liquidator to the federal savings and loan
insurance corporation, and if the insurance corporation accepts such appointment,
it shall have and possess all the powers
and privileges provided by the laws of
this state with respect to a liquidator of
a savings and loan association, its depositors and other creditors, and be subject
to all the duties of such liquidator,
except insofar as such powers, privileges,
or duties are in conflict with the provisions of Title IV of the National Housing
Act, as now or hereafter amended. In any
liquidation proceeding in which the insurance corporation is the liquidator, it may
proceed to liquidate without being subject
to the control of the court and without
bond. t 1973 c 130 § 29; 1945 c 235 § 106;
Rem.
Supp. 1945 § 3717-225. Prior: 1935
c 171 § 4; 1933 c 183 §§ 70, 72, 73, 74,
76, 77, 78; 1919 c 169 § 13; 1913 c 110 §
20. ]
£
~gygrabi1ity_.1273
Definitions--1973
:-24:3so:-------
33
See
RCW
130..;.
See
note
following RCW 33.24.350.
Definitions--1973
33:24."350':"______ _
See
RCil
Chapter 33.40
INSOLVENCY, LIQUIDATION, MERGER
IB1QbQ!1!]1
1IQUIDATION==
Whenever ~he supervisor shall
determine to liquidate the affairs of an
association, he shall cause the attorney
general to present to the superior court
of the county in which such association
has its principal place of business a
written petition setting forth the date of
his taking possession, the reasons therefor, and other material facts concerning
the affairs of the association and, if the
court shall determine that said association should be liquidated, it shall appoint the supervisor, and no other person,
as the liquidator of such association and
fix and require a bond to be given by the
liquidator conditioned for the faithful
performance of his duties as such liquidator,
but if the association has the
insurance protection provided by Title IV
of the National Housing Act, as now or
hereafter amended, the court upon the
request of the supervisor may tender to
Chapter 33.48
GUARANTY STOCK SAVINGS AND LOAN
ASSOCIATIONS
33.40.050
g~QQ]~~
33.48.150
OR§!EI~ING RE~MIT--~~QIRE~
No subscriptions or funds from proposed
stockholders of any proposed association,
prior to its incorporation and prior to a
decision by the supervisor on its application for approval of its articles of
incorporation, may be solicited or taken
until a verified application for an organizing permit has been filed and a permit
has been issued by the supervisor authorizing such subscription or collection of
funds and then, only in accordance with
the terms of such permit. (1973 c 130 §
6. ]
~everabiliiY==l213
£
110:
See
note
See
RCW
following RCW 33.24.350.
Definitions--1973
33.24.350:_ _ _ ___,
( 262 ]
£
33.48.200
GUARANTY STOCK SAVINGS AND LOAN ASSOCIATIONS
--------------------------------------------------------------------------------------33.48.160
ORGj!~1!2
PERn!I=-APP1J~A=
TION.
The application for an organizing
permit under RCW 33.48.150 shall be in
writing, verified as provided by law for
the verification of pleadings and shall be
filed in the office of the supervisor.
such application shall be signed by the
proposed incorporators and shall include
the following:
(1)
The names and addresses of its
proposed directors, officers and incorporators, to the extent known;
(2)
The proposed
location
of
its
office;
(3)
A copy of any contract proposed to
be used for the solicitation of stock
subscriptions and funds for its preincorporation expenses;
(4)
A copy of any advertisement, circular, or other written matter proposed to
be used for soliciting stock subscriptions
and
funds
for
its
preincorporation
expenses;
(5)
A statement of the total funds
proposed to be solicited and collected
prior to incorporation and an itemized
estimate of the preincorporation expenses
proposed to be paid;
(6)
A list of the names and addresses
and amounts of each of the known proposed
stockholders and contributors to the fund
for preincorporation expenses; and
(7)
such additional information as the
supervisor may require.
[1973 c 130 § 7.1
Sev~£abili1I=-121J
~
130:
See
note
following RCW 33.24.350.
3
130:
--....
Definitions--1973
3:-24:-350-,--------
See
RCW
33,48.170
QRGA~I~!!2
PERMIT--CONDI!~~ The superv~sor may Impose--condi=
tions in his organ~z~ng permit issued
under RCW 33.48.150 concerning the deposit
in escrow of funds collected pursuant to
said permit, the manner of expenditure of
such funds and such other conditions as he
deems reasonable and necessary or advisable for the protection of the public and
the subscribers to such stock or funds for
preincorporation expenses. [1973 c 130 §
8. ]
~~~rabili1I-121J
~
following RCW 33.24.350.
130:
~--
See
See
note
RCW
33.48.180
PERMI.I !QIDOR!~J!g ~!LE OF
gUARANT.I STO~K=]EQU!,E~];l .fRIOR .IQ g1] Q,E
ISSUANCE OF STOCK.
No association shall
sell,-offer-for sale,
negotiate for the
sale of, take subscriptions for, or issue
any of its stock until the association
applies for and secures from the supervisor a permit authorizing it to
sell
guaranty stock. [ 1973 c 130 § 5.]
197 3 RCW SUPP.
[
~~!~£A~!li1I==J273
£
following RCW 33.24.350.
1]Q~
__
..:.
130·
.Q~finitiQ~::::1973
33.24.350.
See
See
note
RCW
33.48.190
PERMIT AU!ffQRIZ!Rg ~!LE QI
GU!,E!!TY ~!Q£~==.E~~Q!.E~.Q f.E!Q.E !Q ~!1~ QI
ISSUED OR OUTSTANDING STOCK.
No issued
~d-outstanding-stoc~-of--an--association
shall be sold or offered for sale to the
public, nor shall subscriptions be solicited or taken for such sales until the
association or the selling stockholders
have applied for and secured from the
supervisor a permit authorizing the sale
of the guaranty stock.
This section shall not apply to an offering
involving less than ten percent of
the issued and outstanding guaranty stock
of an association and less than five
hundred thousand dollars nor to an offering made under a registration statement
filed under the Securities Act of 1933 (48
Stat.
74:
15 u.s. c. Sec. 77a). ( 1973 c
130 § 9. ]
~~!~£~bi!i!I==1273
~
following RCW 33.24.350.
~.Uni,UQ1!§.=197]
11Q~
See
See
note
RCW
33.24.350.
33.48.200
PERMIT AUTHORIZING SALE OF
GUARANTY STOci:~PPLICATI~~n applici=
tion for a-permit to sell guaranty stock
shall be in writing, verified as provided
by la~ for the verification of pleadings
and shall be filed in the office of the
supervisor by the association or
the
selling stockholders.
The application
shall
include
the
following:
(1}
Regarding the association:
(a)
The names and addresses of its
officers:
(b)
The location of its office;
(c)
An itemized account of its financial condition within n~nety days of the
filing date; and
(d)
A copy of all minutes of any proceedings of its directors, shareholders,
or stockholders relating to or affecting
the issue of such stock;
(2)
Regarding the offering:
(a)
The names and addresses of the
selling stockholders and of the officers
of any selling corporation and the partners of any selling partnership;
(b)
A copy of any contract concerning
the sale of the stock;
(c)
A copy of a
prospectus or advertisement or other description of the stock
prepared for distribution or publication
in accordance with requirements prescribed
by the supervisor;
(d)
A brief description of the method
by which the stock is to
be offered for
sale including the offering price and the
263 ]
33.48.200
SAVINGS AND LOAN ASSOCIATIONS
underwriting commissions and expense, if
any; and
(3)
Such additional information as the
supervisor may require.
[1973 c 130 §
1 o.
sev~rabili~Y==J173
£
See
See
]
£
~~~ability~197]
130·
--.&.
See
note
following RCW 33.24.350.
RCW
note
following RCW 33.24.350.
33.48.240
~]EDMENT, !1IER,!!IQ] Q~ !~=
QI gERMITS~GROUNDS, The super•
visor may amend, alter, or revoke any
permit issued to [by] him or temporarily
suspend the rights of the association
under such permit, if there is a violation
of the terms and conditions of the permit
or if he determines that the issue and
sale is no longer fair, just and equita·
ble. ( 1973 c 130 § 14.]
!Q~!I!Qli
Definitions--1973
33:'24:3so.----
£
See
RCW
33.48.210
PERMIT AUTHORIZING SALE OF
SZY!MNT.X STOCk-EllllNATION ,!ND INVESTIQA=
llilh Upon the filing of the application
for a permit to sell guaranty stock, the
supervisor shall examine the application
and
other papers and documents filed
therewith and he may make a detailed
examination, audit, and investigation of
the' association and its affairs.
If the
supervisor finds that the proposed plan
for the issue and sale of such stock is
fair,
just and equitable, the supervisor
shall issue to the applicant a permit
authorizing it to issue and dispose of its
stock in such amounts and for such considerations and upon such terms and conditions as the supervisor may provide in the
permit.
If the supervisor does not so
find he shall deny the application and
notify the applicant in writing of his
decision. [1973 c 130 § 11.]
sev~rQbili1v~1973
£
130:
See
note
following RCW 33.24.350.
See
Definitions--1973
33:24:3so.~--------
RCW
AUT]Q]1E1!§ SAb] Q!
Every permit
to sell guaranty stock shall recite in
bold face type that the issuance thereof
is permissive only and does not constitute
a recommendation or endorsement of the
stock permitted to be issued. [1973 c 130
§ 12. ]
33.48.220
QQ!M]ll
PERMIT
STOC~Eli,ATIO!~
~~era~ility--197J
£
130:
See
note
following RCW 33.24.350.
Definitions--1973
33.24.350.
See
RCW
33.48.230
SALES Qf §Y!!!!I! ~TOCK--IM­
OF CONDITIONS. With respect to
sales of guaranty stock by an association,
the supervisor may impose conditions requiring the impoundment of the proceeds
from the sale of guaranty stock, limiting
the expense in connection with the sale of
such stock, and other conditions as he
deems reasonable and necessary or advisable to insure the disposition of the
proceeds from the sale of such stock in
the manner and for the purposes provided
in the permit. [ 1973 c 130 § 13. )
g~IIIQ!
( 264
~rsbility=J273
1]0:
See
note
See
Q
RCil
following RCW 33.24.350.
33.48.250
PURCHA~
~
ASSOC!!!IQ! Qf
STQ£-K ll~l!!Q £1! 11.!.
An association may
purchase stock issued by it in an amount
not to exceed the amount of earned surplus
or undivided profits available for divi·
dends on its stock if either: the stock so
purchased is included for federal estate
tax purposes in determining the gross
estate of a decedent, and the amount paid
for such purchase is entitled to
be
treated under section 303 of the Internal
Revenue Code of 1954 (68A Stat. 3; 26
u.s.c. Sec. 1), or other applicable federal statute or the corresponding provision
of any future federal revenue law, as a
distribution in full payment in exchange
for
the stock so purchased, or such
purchase is with the prior consent of the
supervisor. Stock so purchased until sold
shall be carried as treasury stock.
Upon
the purchase of any stock issued by the
association, an amount equal to the purchase price shall be set aside from earned
surplus or undivided profits available for
dividends to a specific reserve account
established for this purpose.
Upon sale
of any of such stock, the amount relating
thereto in the specific reserve account
shall
be returned to the surplus or
undivided profits account (as the case may
be)
and shall be available for dividends.
Reacquired stock shall not be resold at
less than its reacquisition cost, without
the specific approval of the supervisor,
and shall not be resold or reissued except
in accordance with RCW 33.48.190 through
33.48.240. [1973 c 130 § 15.]
~rabili_ty
1273 £
following RCW 33.24.350.
lJQl
130.
---.£.
J
See
See
note
RCW
TITLE 35
DIGEST OF TITLE
--------------------------------------------------------------------------------------33.48.260
~DCTIQM Q1 QQABANTY ~lQ~!~
with the prior consent of the supervisor
the guaranty stock of an association may
be reduced by resolution of the board of
directors approved by the vote or written
consent of the holders of a majority in
amount of the outstanding stock of such
association to such amount as the supervisor approves. (1973 c 130 § 16.]
~g!g£~iliJ:y--191.J
130~
£
See
note
following RCW 33.24.350.
Definitions--1973
33:-24. 350:--------
£
See
RCW
33.48.270
SURPLUS FROM REDUCTION OF
~!QCK~
Any surplus-resulting-frc;-redu~:
tion of stock shall not be available for
dividends or other distribution to stockholders or shareholders except upon liquidation. [1973 c 130 § 17.]
~evgtability--1211
£
~
See
Sections added, amended, or repealed:
fh~te£ 12~Q~
35.02.150
note
See
TITLE 34
ADMINISTRATIVE LAW
Chapter 34.04
ADMINISTRATIVE PROCEDURE ACT
cross References:
Hearing as provided by chapter 34.04
RCW--Gambling commission: RCW 9.46.140.
Interpreters--Legal proceedings: Chapter 2.42 RCW.
Procedure of various agencies to accord
Administrative
Procedure
Act--Gambling
commission: RCil 9.46.070{11), 9.46.140.
TITLE 3 5
CITIES AND TOWNS
£
lJQ.i.
fh~1~£ 12~Q1
35.07.180
33.48.280
PAID-I! QB CO~IBIBUTED ~=
g1Q~ OR ~QRP~US ~pEAT~Q
~
E~QQ~Q~
Ql
§TO~~==APPLICJIJQ]
A]] ]~ES~ An association may, by action of its board of
directors and with the prior approval of
the supervisor, apply any part or all of
any paid-in cr contributed surplus or any
surplus created by reduction of stock to
the
reduction or writing off of any
deficit arising from losses or diminution
in value of its assets, or may transfer to
or designate as a part of its federal
insurance reserve account or any other
reserve account irrevocably established
for the sole purpose of absorbing losses,
any part or all of any paid-in or contributed surplus or any surplus created by
reduction of stock. (1973 c 130 § 18.]
~gy~£~bili1v--1273
£ J30~
following RCW 33.24.350.
See
See
Definitions--1973
33:24:350:-----33.48.290
35.10.240
35.10.315
cha.Ei~£
!2
35.13.015
35.13.020
35.13.040
XQREIGN-A~~QCIATIONs:;:
~g,yg~.Qi liJ:.Y:;:-1 9 71
£
following RCW 33.24.350.
Definitions--1973
33:24:3so:---------
1973 RCW SUPP.
l.JQ~
see
See
35.13.060
35.13.080
35.13.090
note
RCW
[
265 )
canvass of votes--Joint convention--Statement of votes--Contents, filing.
Adoption of final budget and
levy of property taxes.
35.11
~g
RCW 33.48.150 THROUGH 33.48-
RCW 33.48.150 through 33.48.290 shall not
apply to foreign associations doing business in this state pursuant to the provisions of chapter 33.32 RCW. (1973 c 130 §
19. ]
~.Q1!.2QliQlliQ!! ~ An!!Y.S=
~nd IID!M~
1!.2l! 2.! Ci ti~
note
RCW
Qisin£Q£EQ,U1iOfu..
Receiver--Power to levy taxes.
ch~E~£ 1.2~
35.13.050
..:..£2Q INAfPLICABLE
Pending final disposition of
petition no other petition for
incorporation and petition or
resolution for annexation to be
acted upon--Withdrawal or
substitution.
RCW
following RCW 33.24.350.
Definitions--1973
33:24:35o:------
In£Q££QraJ:ion fiQ£g~~ings.
Anngx~1ion
2£ Unin£2£2~=
Are~~
Election method--Resolution for
election--contents of
resolution.
Election method--Petition for
election--Signers--Rate of assessment in annexed area--Comprehensive plan--Community
municipal corporation--Filing
and approval--Costs.
Election method--Hearing-Notice.
Election method-Petition or
resolution for election--Others
covering same area barred from
consideration, withdrawal.
Election method-Fixing date of
election.
Election method--Notice of
election.
Election method--Canvass--Vote
required for annexation or annexation and comprehensive plan
or for or against creation of
community municipal corporation--Proposition for assumption of indebtedness-Certification.
TITLE 35
DIGEST OF TITLE
--------------------------------------------------------------------------------------33.48.260
~DCTIQM Q1 QQABANTY ~lQ~!~
with the prior consent of the supervisor
the guaranty stock of an association may
be reduced by resolution of the board of
directors approved by the vote or written
consent of the holders of a majority in
amount of the outstanding stock of such
association to such amount as the supervisor approves. (1973 c 130 § 16.]
~g!g£~iliJ:y--191.J
130~
£
See
note
following RCW 33.24.350.
Definitions--1973
33:-24. 350:--------
£
See
RCW
33.48.270
SURPLUS FROM REDUCTION OF
~!QCK~
Any surplus-resulting-frc;-redu~:
tion of stock shall not be available for
dividends or other distribution to stockholders or shareholders except upon liquidation. [1973 c 130 § 17.]
~evgtability--1211
£
~
See
Sections added, amended, or repealed:
fh~te£ 12~Q~
35.02.150
note
See
TITLE 34
ADMINISTRATIVE LAW
Chapter 34.04
ADMINISTRATIVE PROCEDURE ACT
cross References:
Hearing as provided by chapter 34.04
RCW--Gambling commission: RCW 9.46.140.
Interpreters--Legal proceedings: Chapter 2.42 RCW.
Procedure of various agencies to accord
Administrative
Procedure
Act--Gambling
commission: RCil 9.46.070{11), 9.46.140.
TITLE 3 5
CITIES AND TOWNS
£
lJQ.i.
fh~1~£ 12~Q1
35.07.180
33.48.280
PAID-I! QB CO~IBIBUTED ~=
g1Q~ OR ~QRP~US ~pEAT~Q
~
E~QQ~Q~
Ql
§TO~~==APPLICJIJQ]
A]] ]~ES~ An association may, by action of its board of
directors and with the prior approval of
the supervisor, apply any part or all of
any paid-in cr contributed surplus or any
surplus created by reduction of stock to
the
reduction or writing off of any
deficit arising from losses or diminution
in value of its assets, or may transfer to
or designate as a part of its federal
insurance reserve account or any other
reserve account irrevocably established
for the sole purpose of absorbing losses,
any part or all of any paid-in or contributed surplus or any surplus created by
reduction of stock. (1973 c 130 § 18.]
~gy~£~bili1v--1273
£ J30~
following RCW 33.24.350.
See
See
Definitions--1973
33:24:350:-----33.48.290
35.10.240
35.10.315
cha.Ei~£
!2
35.13.015
35.13.020
35.13.040
XQREIGN-A~~QCIATIONs:;:
~g,yg~.Qi liJ:.Y:;:-1 9 71
£
following RCW 33.24.350.
Definitions--1973
33:24:3so:---------
1973 RCW SUPP.
l.JQ~
see
See
35.13.060
35.13.080
35.13.090
note
RCW
[
265 )
canvass of votes--Joint convention--Statement of votes--Contents, filing.
Adoption of final budget and
levy of property taxes.
35.11
~g
RCW 33.48.150 THROUGH 33.48-
RCW 33.48.150 through 33.48.290 shall not
apply to foreign associations doing business in this state pursuant to the provisions of chapter 33.32 RCW. (1973 c 130 §
19. ]
~.Q1!.2QliQlliQ!! ~ An!!Y.S=
~nd IID!M~
1!.2l! 2.! Ci ti~
note
RCW
Qisin£Q£EQ,U1iOfu..
Receiver--Power to levy taxes.
ch~E~£ 1.2~
35.13.050
..:..£2Q INAfPLICABLE
Pending final disposition of
petition no other petition for
incorporation and petition or
resolution for annexation to be
acted upon--Withdrawal or
substitution.
RCW
following RCW 33.24.350.
Definitions--1973
33:24:35o:------
In£Q££QraJ:ion fiQ£g~~ings.
Anngx~1ion
2£ Unin£2£2~=
Are~~
Election method--Resolution for
election--contents of
resolution.
Election method--Petition for
election--Signers--Rate of assessment in annexed area--Comprehensive plan--Community
municipal corporation--Filing
and approval--Costs.
Election method--Hearing-Notice.
Election method-Petition or
resolution for election--Others
covering same area barred from
consideration, withdrawal.
Election method-Fixing date of
election.
Election method--Notice of
election.
Election method--Canvass--Vote
required for annexation or annexation and comprehensive plan
or for or against creation of
community municipal corporation--Proposition for assumption of indebtedness-Certification.
TITLE 35
CITIES AND TOWNS
35.13.100
35.13.110
35.13.125
35.13.130
35.13.160
35.13.171
35.13.172
35.13.173
35.13.174
35.13.175
Election method--ordinance providing for annexation or annexation and adoption of
comprehensive plan or annexation and creation of community
municipal corporation--Assumption of indebtedness.
Election method--Effective date
of annexation or annexation and
comprehensive plan or annexation and creation of community
municipal corporation, taxation
of area annexed.
Petition method--Commencement
of proceedings---Notice to legislative body--Meeting--Assumption of indebtedness--Comprehensive plan.
Petition method--Petition-Signers--content.
Petition method--Effective date
of annexation or annexation and
comprehensive plan---Assessment,
taxation of territory annexed.
Review board--Convening-Composition.
When review procedure may be
dispensed with.
Determination by review board-Factors considered---Filing of
findings.
Date for annexation election if
review board's determination
favorable.
Pending final disposition of
petition no other petition or
resolution for annexation or
petition for incorporation
shall be acted upon.
s;hapt~ 12~.£1
lti§£ellan~2.!!§ .llQYisio~§
Aft~~tiB,g All c;iti~ and Town§.,_
35.21.205
35.21.430
Ch.s,Ete~
35.31.060
Park commissioners.
Publicity fund.
s;~apt~.r .J.2~l.L!
35.24.090
35.24.350
35.24.370
.Il!ird .Gl.ae,e
£lsi.!!§
~nd
ill.Q§.:.
Tax levy for fund.
ll.!!illlll.§ in £ities
Q!~I:
300,0QQ.:.
35.321.060 Emergency fund.
ChU~
35.:..33 .!ludgets in ~nd ~nd Third
£1~.§ £iii2§ ~nd fir§! ,S;;l~.§.§ Cit-
ies
35.33.061
35.33.145
Qn~.r
35.38.010
35.38.020
35.38.030
35.38.040
35.38.041
chug.r
300 1 00.2.:_
Budget--Notice of hearing on
final.
Contingency fund--Creation-Purpose--Support--Lapse.
ili£~~ 3 5. 3 8
I isg l
b.~
and Qraining
35.56.190
D~£.§.il.Yi~.2.:..
Cities of 75,000 or more inhabitants--Designation of
depositaries.
Cities of 75,000 or more inhabitants--Contract as to interest--Surety bond or collateral.
Cities and towns of less than
75,00 0 inhabitants--Designation
of depositaries.
Cities and towns of less than
75,000 inhabitants--Segregation
of collateral.
Segregation of eligible securities as collateral.
~
lJJ!2.rovement.§:=-Filling
l&!!lan.Q.§._-:=J!~!~£!ays.1
Tax levy--General--Purposes-Limit.
J~~!!
l12!~poliU!l Munici£~1
£2£.:
.E2ll!i.2!!h
35.58.090
35.58.273
35.23.170
35.23.470
!~mli
£!!~ter 35.Jl!
£!!apter
Liability insurance for officials and employees.
Utilities--City may pay taxing
districts involved after acquisition of private power
facilities.
llill
Election procedure to form corporation and levy tax--Qualified voters--Establishment of
corporation--First meeting of
council.
Mass public transit system-Motor vehicle excise tax--Public hearing on route and design. (Amendment effecti~e June
30, 1981.)
35.58.2731 Mass public transit system--
Cities~
Compensation of officers--Expenses.
Taxation--Allocation for special improvement or purpose.
Taxation--Street poll tax.
35.58.274
Limitations upon amount of special motor vehicle excise tax
levies--Bond issue authorized-Federal funds.
Mass public transit system-Motor vehicles exempt from tax.
(Repeal effective June 30,
1981.)
lli.£1 I2.!1!.2.:.
35.27.130
35.27.500
Chaptfi
Mass public transit system-Provisions of motor vehicle
excise tax chapter applicable.
(Repeal effective June 30,
Mass public transit system-When tax due and payable--Collection. (Repeal effective June
Compensation of officers-Expenses.
Taxation--Street poll tax.
J~JQ
35.30.020
35.58.275
35.58.276
s;hapt~.r
Un£J,.assified
1981.)
Citi~h
Sever systems--Sewer fund.
30, 1981.)
( 266
]
DISINCORPORATION
35.07.180
------------------------------------------------------------35.58.277
Mass public transit system--Remittance of tax by county auditox. (Repeal effective June 30,
1981.)
35.58.278 Mass public transit system-Distribution of tax. (Repeal
effective June 30, 1981.)
35.58.279 Mass public transit system-Crediting and use of funds.
(Amendment effective June 30,
1981.)
35.58.2791 Mass public transit system--Internal combustion equipment to
comply with pollution control
standards. (Amendment effective
June 30, 1981.)
35.58.2792 Mass public transit system-Parking facilities to be in
conjunction with system stations or transfer facilities.
(Amendment effective June 30,
1981.)
35.58.2793 Mass public transit system-State financial assistance-Distribution of funds~Formu­
la--Federal funds. (Effective
June 30, 1981.)
35.58.450 General obligation bonds--Issuance, sale, form, term, election, payment.
35.61.210
~haptm;:
Park district tax levy--"Park
district fund".
..J2a.§.§
35.66.050
Police
_Hat~QE.§.:.
Persons under arrest--Separate
quarters.
ili.P1g J.2.68
Side~1ks,
gutte£.§4-
cross References:
Gambling activities, cities or towns, as
affecting: Chapter 9.46 RCW.
Pollution control--Municipal banding authority: Chapter 70.95A RCW.
Chapter 35.02
INCORPORATION PROCEEDINGS
35.02.150
~NDINg
!I!!b QI.§.RQ.§.IIIQ! Q!
I!f£QllQ!!!.:
TION AND PETITION OR RESOLUTION FOR ANNEXAilQ!f--XQ- !!E- ACTED -ygoN-:wiTHQii!ib--Qi
.§.Q].§.TIIQ!!Q!f.:.
After the filing of any
petition for incorporation with the county
auditor, and pending its final disposition
as provided for in this chapter, no other
petition for incorporation and no petition
or resolution for annexation which embraces any of the territory included therein
shall be acted upon by the county auditor
or the board of county commissioners, or
by any city or town clerk, city or town
council, or by any other public official
or body that might otherwise be empowered
to receive or act upon such a petition:
PROVIDED, That any petition for incorporation may be withdrawn, or a new petition
embracing other or different boundaries
may be substituted therefor, by a majority
of the signers thereof, at any time before
such petition has been certified by the
county auditor to the board of county
commissioners, in which case the same
proceedings shall be taken as in the case
of an original petition. [1973 1st ex.s.
c 164 § 1; 1965 c 7 § 35.02.150.
Prior:
1961 c 200 § 1.]
lliill.Ql! NO QIHE!! PEIIIIQ!f !Q!!
Chapter 35.07
DISINCORPORATION
~Qrbs,
g~g QI1!g~ays==Al1 ~itig§ ~
TOWn§.:.
35.68.075
~hapter
curb ramps for physically handicapped required.
}2_:.80
Unfi!
~elJ,ing..§L
i l l .§.tr,!!£ture..§_:.
35.80.030
Permissible ordinances--Appeal.
£ha.P1gi 35.8l
35.82.285
~hapt~
liQ!!.§ing
Authoriti~.§ La~.:.
Group homes or halfway houses
for released juveniles or developmentally disabled.
35.94
Sale
ytiiT ties:-
35.94.o4o
J:!uilding..§
Q~ Le~
Qf ,Hunicipal
Lease or sale of land or property originally acquired for
public utility purposes.
1973 RCW SUPP.
35.07.180
RECEIVER--POWER TO LEVY !!XES.
In the -same-manner-and~o~the same
extent as the proper authorities of the
former city or town could have done had it
not been disincorporated, the receiver
shall be authorized to levy taxes on all
taxable property, to receive the taxes
when collected and to apply them together
with the proceeds arising from sales to
the extinguishment of the obligations of
the former city or town.
After all the lawful claims against the
former city or town have been paid excepting bonds not yet d~e, no levy greater
than fifty cents per thousand dollars of
assessed value shall be made; nor shall
the levy be greater than sufficient to
meet the accruing interest until the bonds
mature. [1973 1st ex.s. c 195 § 11; 1965
c 7 § 35.07.180. Prior: 1897 c 69 § 10,
part; RRS § 8923, part.]
[ 267 ]
35.07.180
CITIES AND TOWNS
------------------------~~tlabj.J,ity-Eff~c1_ive dat~ ~nd !_ermi.:
.!!nion g_gj;§.§=-Const&ucj;ion==.1971 jst ~.!..§.!.
£ 195i See notes following RCW 84.52.043.
Chapter 35.10
CONSOLIDATION AND ANNEXATION OF CITIES AND
TOWNS
Q1 VOT]~==4QI!I CON.:
Q£:
.YQI£1~.9llcriDITa~
FILING.
In all cases of consolidation or
annexation, the county canvassing board or
boards shall canvass the
votes
cast
thereat.
In an election on the question of consolidation the votes cast in each of such
corporations shall be canvassed separately, and a statement shall be prepared
showing the wh~le number of votes cast,
the number of votes cast for consolidation
and the number of votes cast against
consolidation, the number of votes cast
for creation of a commur.ity municipal
corporation and the number of votes cast
against creation of a community municipal
corporation,
or both, as the case may be,
in each of such corporations.
In case the
question of the form of government of the
new corporation shall have been submitted
at such election, the votes thereon and on
the name of the new corporation shall be
canvassed, and the result of such canvass
shall be included in the statement, showing the total number of votes cast in all
of the corporations for each form of
government submitted.
A certified copy of
such statement shall be filed with the
legislative body of each of the corporations affected.
If it shall appear upon such statement
of canvass that a majority of the votes
cast in each of such corporations were in
favor of consolidation or consolidation
and creation of a community municipal
corporation, the legislative bodies of
each of such corporations shall meet in
joint convention at the usual place of
meeting of the legislative body of that
one of the corporations having the largest
population as shown by the last United
states census or the determination of the
planning and community affairs agency on
or before the second Monday next succeeding
the receipt of the statement of
canvass to prepare a statement of votes
cast
and
declaring the consolidation
adopted or consolidation adopted and a
community municipal corporation created,
and if such issue were submitted, declaring the form of government to be that form
for which a majority of all the votes on
that issue were cast and the name of the
consolidated city to be that name for
which the greatest number of votes were
cast.
In an election on the question of the
annexation of all or a part of a city or
town to another city or town, the votes
cast in the city or town or portion
35.10.240
f!HI~
VENTION==~TATM.IDil
[ 268
thereof to be annexed shall be canvassed,
and if a majority of the votes cast be in
favor of annexation, the results shall be
included in a statement indicating the
total number of votes cast.
Both with respect to consolidation and
annexation, a proposition for the assumption of indebtedness outside the constitutional and/or statutory limits by the
other corporation(s) in which the indebtedness did not originate shall be deemed
approved if a majority of at least threefifths of the electors of the corporation
in which the indebtedness did not originate votes in favor thereof,
and the
number of persons voting on such proposition constitutes not less than
forty
percent of the total number of votes cast
in such corporations in which indebtedness
did not originate at the last preceding
general election: PROVIDED, HOWEVER, That
if general obligation bond indebtedness
vas incurred by action by the city legislative body, a proposition for the assumption of such indebtedness by the other
corporation(s)
in which such indebtedness
did not originate shall be deemed approved
if a majority of the electors of the
corporation in which such indebtedness did
not originate votes in favor thereof.
A duly certified copy of such
statement
of either a consolidation or annexation
election shall be filed with the legislative body of each of the corporations
affected and recorded upon its minutes,
and it shall be the duty of the clerk, or
other officer performing the duties of
clerk, of each of such legislative bodies,
to transmit to the secretary of state and
the planning and community affairs agency
a duly certified copy of the record of
such statement.
[ 1973 1st ex.s. c 195 §
12; 1969 ex.s. c 89 § 7; 1967 c 73 § 17;
1965 c 7 § 35.10.240. Prior: 1929 c 64 §
5; RRS § 8909-5. Formerly RCW 35.10.070.)
~~Y§llbility==tffg£1iY§ date§ ~!lg j;gniMtion gatg2::::CO!!.§tructi.Q!l-1973 121 §.!.!..§.!.
£ j95i See notes following RCW 84.52.043.
35.10.315
ADOPTION OF FINAL BUDGET AND
LEY! OF PROPERTY-!AXES.--Upon-the-consolidation of two or more corporations, or the
annexation of any city or town after March
1st and prior to the date of adopting the
final budget and levying the property tax
dollar rate on the first Monday in Octob-er
for the next calendar year, the legislative body of the consolidated city or the
annexing city is authorized to adopt the
final budget and to levy the property tax
dollar rate for the consolidated cities or
towns and any city or town annexed. (1973
1st ex.s. c 195 § 13; 1969 ex.s.
c 89 §
14. ]
)
ANNEXATION OF UNINCORPORATED AREAS
35.13.020
--------------------------------------------------------------------------------------§ 6; 1967 c 73 § 7; 1965 ex.s. c 88 § 3;
1965 c 7 § 35.13.015. Prior:
1961 c 282
§ 1. ]
Chapter 35. 13
ANNEXATION OF UNINCORPORATED AREAS
35.13.015
ELECT1Q~ ~j!fiQ~£~Q!IQ~
1Q] jLE~.I1Qlb-_£Q]ll]l~ .Q1 ,M~Q1.!!.IION..:.
In
addition to the method prescribed by RCW
35.13.020 for the commencement of annexation proceedings. the legislative body of
any city or town may,
whenever it shall
determine by resolution that the best
interests and general welfare of such city
or town would be served by the annexation
of unincorporated territory contiguous tc
such city or town, file a certified copy
of the resolution with the board of county
commissioners of the county in which said
territory is located.
The resolution of
the city or town initiating such election
shall describe the boundaries of the area
to be annexed, as nearly as may be state
the number of voters residing therein,
pray for the calling of an election to be
held among the qualified voters therein
upon
the question of annexation, and
provide that said city or town will pay
the cost of the annexation election.
The
resolution may require that there also be
submitted to the electorate of the territory sought to be annexed a proposition
that all property within the area annexed
shall, upon annexation,
be assessed and
taxed at the same rate and on the same
basis as the property of such annexing
city or town is assessed and taxed to pay
for all or any portion of the
then
outstanding indebtedness of the city or
town to which said area is
annexed,
approved by the voters, contracted, or
incurred prior to, or existing at, the
date of annexation.
Whenever a city or
town has prepared and filed a comprehensive plan for the area to be annexed as
provided for in RCW 35.13.177 and 35.13.178, the resolution initiating the election may also provide for the simultaneous
adoption of the comprehensive plan upon
approval of annexation by the electorate
of the area to be annexed. The resolution
initiating the election may also provide
for the simultaneous creation of a community municipal corporation and election of
community council members as provided for
in RCW 35.14.010 through 35.14.060 upon
approval of annexation by the electorate
of the area to be annexed.
In cities
under the optional municipal code the
resolution initiating the election may
also provide for the simultaneous inclusion of the annexed area into a named
existing community municipal corporation.
The proposition for the creation of a
community municipal corporation may be
submitted as part of the annexation proposition or may be submitted as a separate
proposition. The proposition for inclusion within a named existing community
municipal corporation shall be submitted
as part of the annexation proposition.
[1973 1st ex.s. c 164 § 2; 1970 ex.s. c 52
1973 RCW SUPP.
35.13. 020
ELECTION
M!HQQ==.f.UITIQ~
FOR ELECTION--SIGNERS--RATE OF ASSESSMENT
!N- ANNEXED AREA=coMPREHENSivE "Pii"N=-c"QM:
MU~ITY ~UNI~lfAL--CORPORATJ:9N Fii;;JNG !l!J2
A.ffEQ!!1==fQ~!~
A petition for an election to vote upon the annexation of a
portion of a county to a contiguous city
or town signed by qualified voters resident in the area equal in number to twenty
percent of the votes cast at the last
election may be filed in the office of the
board of county commissioners:
PROVIDED,
That any such petition shall first be
filed with the legislative body of the
city or town to which the annexation is
proposed, and such legislative body shall,
by resolution entered within sixty days
from the date of presentation, notify the
petitioners, either by mail or by publication in the same manner notice of hearing
is required by RCW 35.13.040 to be published, of its approval or rejection of
the proposed action.
The petition may
also provide for the simultaneous creation
of a community municipal corporation and
election of community council members as
provided for in RCW 35.14.010 through
35.14.060. In approving the proposed action, the legislative body may require
that there also be submitted to
the
electorate of the territory to be annexed,
a proposition that all property within the
area to be annexed shall, upon annexation
be assessed and taxed at the same rate and
on the same basis as the property of such
annexing city or town is assessed and
taxed to pay for all or any portion of the
then outstanding indebtedness of the city
or town to which said area is annexed,
approved by the voters, contracted, or
incurred prior to, or existing at, the
date of annexation. Whenever the legislative body has prepared and filed a comprehensive plan for the area to be annexed as
provided for in RCW 35.13.177 and 35.13.178, the legislative body in approving
the proposed action, may require that the
comprehensive
plan
be
simultaneously
adopted upon approval of annexation by the
electorate of the area to be annexed. The
approval of the legislative body shall be
a condition precedent to the filing of
such petition with the board of county
commissioners as hereinafter
provided.
The costs of conducting such election
shall be a charge against the city or town
concerned.
The proposition or questions
providea for in this section may
be
submitted to the voters either separately
or as a single proposition.
[1973 1st
ex.s. c 164 § 3; 1967 c 73 § 8; 1965 ex.s.
c 88 § 4; 1965 c 7 § 35.13.020.
Prior:
1961 c 282 § 7; prior:
1951 c 248 § 6;
1907 c 245 § 2, part; RRS § 8897. part.]
[ 269 ]
35.13.040
CITIES AND TOWNS
-----------------------------------------~---------------------------~-----------------
35.13.040
~LECTIO~
METHOD--HEARING-Upon the filing of approval by
the review board of a twenty percent
annexation petition under the election
method to call an annexation election, the
board of county commissioners at its next
meeting shall fix a date for hearing
thereon to be held not less than two weeks
nor more than four weeks thereafter, of
which hearing the petitioners must give
notice by publication once each week at
least two weeks prior thereto in some
newspaper of general circulation in the
area proposed to be annexed. Upon the day
fixed, the board shall hear the petition,
and if it complies with the requirements
of law and has been approved by the review
board, shall grant it. The hearing may be
continued from time to time for an aggregate
period not exceeding two weeks.
[1973 1st ex.s. c 164 § 4; 1965 c 7 §
35.13.040. Prior:
1961 c 282 § 9; prior:
1907 c 245 § 2, part; RRS § 8897, part. ]
annexed, describe the boundaries of the
proposed service area if the simultaneous
creation of a community municipal corporation is provided for, state the objects of
the election as prayed in the petition or
as stated in the resolution and require
the voters to cast ballots which shall
contain the words "For annexation" and
"Against annexation" or words equivalent
thereto, or contain the words "For annexation and adoption of comprehensive plan"
and "Against annexation and adoption of
comprehensive plan" or words equivalent
thereto in case the simultaneous adoption
of a comprehensive plan is proposed, and,
if appropriate, the words "For creation of
community
municipal
corporation"
and
"Against creation of community municipal
corporation" or words equivalent thereto,
or contain the words "For annexation and
creation of community municipal corporation" and "Against annexation and creation
of community municipal corporation" or
words
equivalent thereto in case the
simultaneous creation of a community mu•
nicipal corporation is proposed, and which
in case the assumption of indebtedness is
proposed, shall contain as a separate
proposition. the words "For assumption of
indebtedness" and "Against assumption of
indebtedness" or words equivalent thereto
and if only a portion of the indebtedness
of the annexing city or town is to be
assumed, an appropriate separate proposition for and against the assumption of
such portion of the indebtedness shall be
submitted to the voters.
If the creation
of a community municipal corporation and
election of community council members is
provided for,
the notice shall also require the voters within the service area
to cast ballots for candidates for positions on such council. The notice shall
be posted for at least two weeks prior to
the date of election in four public places
wi~hin the area proposed to be annexed and
published in accordance with the notice
required by BCW 29.27.080 prior to the
date of election in a newspaper of general
circulation in the area proposed to be
annexed. [1973 1st ex.s c 164 § 7: 1967 c
73 § 10; 1965 ex.s. c 88 § 6; 1965 c 7 §
35.13.080.
Prior:
1961 c 282 § 13;
prior:
1907 c 245 § 3, part; RRS § 8898,
part. )
liQ!IC~
35.13.050
~UTlQ~
fQ]
]LECTIO~ METHOD::-PE1lll~ Q]
]LECTJON-=OTfl~]~
£Q!~§
SAM£! A]EA ].b]Ml! .f]OM ~~]!llON, WIT&
After the filing with the board
of county commissioners of a petition or
resolution pursuant to RCW 35.13.015 to
call an annexation election, pending the
hearing under the twenty percent annexation petition under the election method
and pending the election to be called
thereunder, the board of county commissioners shall not consider any
other
petition or resolution involving any portion of the territory embraced therein:
PROVIDED, That the petition or resolution
may be withdrawn or a new petition or
resolution embracing ether or different
boundaries substituted therefor by a majority of the signers thereof, or in the
case of a resolution, by the legislative
body of the city or town, and the same
proceeding shall be taken as in the case
of an original petition or resolution.
[1973 1st ex.s. c 164 § 5; 1965 c 7 §
35.13.050.
Prior:
1961 c 282 § 10;
prior:
1907 c 245 § 2, part; RRS § 8897,
part. ]
Q]!WA~
35.13.060
ELE~lQ~ ~!liQP==!l!I!Q
P!l]
Upon granting the petition
under the twenty percent annexation petition under the election method, the board
of county commissioners shall fix a date
for the annexation election, which must be
not less than thirty nor more than sixty
days thereafter.
[1973 1st ex.s. c 164 §
6: 1965 c 7 § 35.13.060. Prior:
1961 c
282 § 12;
prior:
1907 c 245 § 3, part;
RRS § 8898, part. )
Qf
]b]f~
35. 13. 090
ELECTION
.!1llHOD-::;:~ll1ASS=
!Q1] ]EQUIRED !Q] ~NEXA110N OR !NNEXATION
AND COMPREHENSIVE PLAN OR FOR OR AGAINST
cREATioN-oF-co8MuNITy- ~uirciP 11 --coRPORi=
TION--PROPOSITIONf-pOR ASSUMPTION--OF 1!=
DEBTEDNEss ~]RTIFICATION. --Onthe Monday
next succeeding the annexation election,
the county canvassing board shall proceed
to canvass the returns thereof and shall
submit the statement of canvass to the
board of county commissioners.
The proposition for or against annexation or for or against annexation and
adoption of the comprehensive plan, or for
~ION
~ETHOQ==l!OTI~]
OF
Notice of an annexation elec•
tion
shall
particularly describe the
boundaries of the area proposed to be
35.13.080
]1J!CT~~
[
270
]
ANNEXATION OF UNINCORPORATED AREAS
35.13.110
--------------------------------------------------------------------------------------or against creation of a community municipal corporation, or any combination thereof, as the case may be, shall be deemed
approved if a majority of the votes cast
on that proposition are cast in favor of
annexation or in favor of annexation and
adoption of the comprehensive plan, or for
creation of the community municipal corporation, or any combination thereof, as the
case may be.
If a proposition for or
against assumption of all or any portion
of
indebtedness was submitted to the
electorate, it shall be deemed approved if
a majority of at least three-fifths of the
electors of the territory proposed to be
annexed voting on such proposition vote in
favor thereof, and the number of persons
voting on such proposition constitutes not
less than forty percent of the total
number of votes cast in such territory at
the last preceding general election.
If
either or both propositions were approved
by the electors, the board shall enter a
finding to that effect on its minutes, a
certified copy of which shall be forthwith
transmitted to and filed with the clerk of
the city or town to which annexation is
proposed, together with a certified abstract of the vote showing the whole
number who voted at the election, the
number of votes cast for annexation and
the number cast against annexation or for
annexation and adoption of the comprehensive plan and the number cast against
annexation and adoption of the comprehensive plan or for creation of a community
municipal corporation and the number cast
against creation of a community municipal
corporation, or any combination thereof,
as the case may be, and if a proposition
for assumption of all or of any portion of
indebtedness was submitted to the electorate, the abstract shall include the number
of votes cast for assumption of indebtedness and the number of votes cast against
assumption of indebtedness, together with
a statement of the total number of votes
cast in such territory at the last preceding general election.
If the proposition
for creation of a community municipal
corporation was submitted and approved,
the abstract shall include the number of
votes cast for the candidates for community council positions and certificates of
election shall be issued to the successful
candidates who shall assume office within
ten days after the election.
(1973 1st
ex.s. c 164 § 8;
1967 c 73 § 11; 1965
ex.s. c 88 § 7;
1965 c 7 § 35.13.090.
Prior:
1961 c 282 § 16; prior:
1907 c
245 § 4, part; RRS § 8899, part.]
35,13.100
ELECTIO!
METBQQ==Q£Ql~]
P]QVIDING FOR ANNEXATION OR ANNEXATION AND
A.J2QPT10N- OF COMPREHENSIVi-R~!!-OR ANNEXA::
TION AND CREATION OF COMMUNITY MUNICIPAL
CORPORATIOi=:ASSUMPTIO~p--INDEBTEDNESS:
upo;- filing~f the ce'rtified ~o"P'Y-o£-u~
finding of the board of county commissioners, the clerk shall transmit it to the
legislative body of the city or town at
197 3 RCW SUPP.
[ 271
the next regular meeting or as
soon
thereafter as practicable. If a proposition relating to annexation or annexation
and adoption of the comprehensive plan or
creation of a community municipal corporation, or both, as the case may be was
submitted to the voters and such proposition was approved, the legislative body
shall adopt an ordinance providing for the
annexation or adopt ordinances providing
for the annexation and adoption of the
comprehensive plan, or adopt an ordinance
providing for the annexation and creation
of a community municipal corporation, as
the case may be.
If a proposition for
annexation or annexation and adoption of
the comprehensive plan or creation of a
community municipal corporation,
as the
case may be, and a proposition for assumption of all or of any portion of indebtedness were both
submitted,
and
were
approved, the legislative body shall adopt
an ordinance providing for the annexation
or annexation and adoption of the comprehensive plan or annexation and creation of
a community municipal corporation including the assumption of all or of any
portion of indebtedness. If the propositions were submitted and only the annexation or annexation and adoption of the
comprehensive plan or annexation and creation of a community municipal corporation
proposition was approved, the legislative
body may, if it deems it wise or expedient, adopt an ordinance providing for the
annexation or adopt ordinances providing
for the annexation and adoption of the
comprehensive plan, or adopt ordinances
providing for the annexation and creation
of a community municipal corporation, as
the case may be. [1973 1st ex.s. c 164 §
9;
1967 c 73 § 12; 1965 ex.s. c 88 § 8;
1965 c 7 § 35.13.100. Prior: 1961 c 282
§ 17; 1957 c 239 § 2; prior:
1907 c 245 §
5, part; RRS § 8900, part.]
35.13.110
~~ON
ME!HQQ_-=EFFECTI~
Q.Uit
Ql AN!,lllliO! Q.R !NN,ll!IIQ] !!Q
~Q!1R.R!HE~,!ll .fb!li Q.R ANNEXATION !!ill
£.RE.=
ATIQ.!! Q1 ~Q~ltfl.NITY MUNI.flPAL £Q~RQ.R!TIQL,
TAXATION OF !.R!A !!!~~ Upon the date
fixed in the ordinance of annexation, the
area annexed shall become a part of the
city or town.
Upon the date fixed in the
ordinances of annexation and adoption of
the comprehensive plan, the area annexed
shall become a part of the city or town
and property in the annexed area shall be
subject to and a part of the comprehensive
plan, as prepared and filed as provided
for in RCW 35.13.177 and 35.13.178.
Upon
the
date fixed in the ordinances of
annexation and creation of a community
municipal corporation, the area annexed
shall become a part of the city or town,
the community municipal corporation shall
be deemed organized, and property in the
service area shall be deemed subject to
the powers granted to such corporation as
provided for in this 1967 amendatory act.
]
35.13.110
CITIES AND TOWNS
---------------------------------------------------------All property within the territory hereafter annexed shall, if the proposition
approved by the people so provides after
June 12, 1957, be assessed and taxed at
the same rate and on the same basis as the
property of such annexing city is assessed
and taxed to pay for all or any portion of
the then outstanding indebtedness of the
city or town to which said area
is
annexed, approved by the voters, contracted, or incurred prior to, or existing at,
the date of annexation. (1973 1st ex.s. c
164 § 10; 1967 c 73 § 13; 1965 ex.s. c 88
§ 9; 1965 c 7 § 35.13.110. Prior:
1957 c
239 § 3; prior:
1907 c 245 § 5, part; RRS
§ 8900, part.)
35.13.125
PETITION
METHOD-COMMENCE~~ OF _g_!!OCE~QJNGS-NO.Ilf~ 1Q LEQ.!§.bATIV!
OF
INDEBTEDBODY-MEETING--ASSUMPTION
B~~CO~PREHENSIVE fk!N. Proceedings-tOr
the annexation of territory pursuant to
RCW 35.13.130, 35.13.140, 35.13.150, 35.13.160 and 35.13.170 shall be commenced
as provided in this section. Prior to the
circulation of a petition for annexation,
the
initiating party or parties who,
except as provided in RCW 28A.58.044,
shall be either not less than ten percent
of the residents of the area to be annexed
or the owners of not less than ten percent
in value, according to the assessed valuation for general taxation of the property
for which annexation is petitioned, shall
notify the legislative body of the city or
town in writing of their intention to
commence annexation proceedings. The legislative body shall se~ a date, not later
than sixty days after the filing of the
request, for a meeting with the initiating
parties to determine whether the city or
town will accept the proposed annexation,
whether it shall require the simultaneous
adoption of the comprehensive plan if such
plan has been prepared and filed for the
area to be annexed as provided for in RCW
35.13.177 and 35.13.178, and whether it
shall require the assumption of all or of
any portion of existing city or town
indebtedness by the area to be annexed.
If
the legislative body requires the
assumption [of) all or of any portion of
indebtedness and/or the adopti,on of a
comprehensive plan, it shall record this
action in its minutes and the petition for
annexation shall be so drawn as to clearly
indicate this fact.
There shall be no
appeal from the decision of the legislative body.
[1973 1st ex.s. c 164 § 11;
1971 c 69 § 1; 1965 ex.s. c 88 § 10;
1965
c 7 § 35.13.125.
Prior: 1961 c 282 §
18. J
35,13.130
PETITION
~ETHOQz-PETITION-:
SIGNERS---CONTENT.--~petition for
annexatiOn of an area contiguous to a city or
town may be made in writing addressed to
and filed with the legislative body of the
municipality to which annexation is desired.
Except where all the property
sought to be annexed is property of a
school district, and the school directors
thereof file the petition for annexation
as
in RCW 28A.58.044 authorized, the
petition must be signed by the owners of
not less than seventy-five percent in
value, according to the assessed valuation
for general taxation of the property for
which annexation is petitioned. The petition shall set forth a description of the
property according to government legal
subdivisions or legal plats and shall be
accompanied by a plat which outlines the
boundaries of the property sought to be
annexed.
If the legislative body has
required the assumption of all or of any
portion of city or town indebtedness by
the area annexed, and/or the adoption of a
comprehensive plan for the area to be
annexed, these facts, together with a
quotation of the minute entry of such
requirement or requirements shall be set
forth in the petition. [1973 1st ex.s, c
164 § 12; 1971 c 69 § 2; 1965 ex.s. c 88 §
11; 1965 c 7 § 35.13.130. Prior: 1961 c
282 § 19; 1945 c 128 § 3; Rem. Supp. 1945
§ 8908-12.]
35.13.160
PETIIlQ.!!
~ETHO~~FFE~~
QA:ll Q1. ANNEXATION QS ANNElliiQ.!!
An
CO~pRE HENS IV E gyJ!::-~~.§ 1'1 EN,L. T AilliQlf
Ql TERRITORY ANNEXED£ Upon the date fixed
in the ordinance of annexation the area
annexed shall become part of the city or
town.
All property within the territory
hereafter annexed shall, if the annexation
petition so provided, be assessed and
taxed at the same rate and on the same
basis as the property of such annexing
city or town is assessed and taxed to pay
for all or of any portion of the then
outstanding indebtedness of the city or
town
to which said area is annexed,
approved by the voters, contracted, or
incurred prior to, or existing at, the
date of annexation.
If the annexation
petition so provided, all property in the
annexed area shall be subject to and a
part of the comprehensive plan as prepared
and filed as provided for in RCW 35.13.177
and 35.13.178.
(1973 1st ex.s. c 16q §
13; 1965 ex.s. c 88 § 12; 1965 c 7 §
35.13.160.
Prior: 1961 c 282 § 20; 1957
c 239 § 6; prior:
(i) 1945 c 128 § q,
part; Rem. Supp.
1945 § 8908-13, part.
(ii) 1945 c 128 § 5;
Rem. Supp. 1945 §
8908•14.]
35.13.171
.!!!!1]!
BOARD--CONVENING-fQ~ITIQlL_ Within thirty aaysattertiie
filing of a city•s or town's annexation
resolution pursuant to RCW 35.13.015 with
the board of county commissioners
or
within thirty days after filing with the
county commissioners a petition calling
for an election on annexation, as provided
in RCW 35.13.020, or within thirty days
after approval by the legislative body of
a city or town of a petition of property
owners calling for annexation, as provided
[ 272 ]
ANNEXATION OF UNINCORPORATED AREAS
35.13.173
----------------.---------------------------------------------------------------------of the city or town to which the area is
proposed to be annexed and the chairman of
the board of county commissioners and
county superintendent of schools can agree
by majority that a review proceeding, as
provided herein, is not necessary for the
protection of the interest of the various
parties, in which case such review procedures shall be dispensed with. [1973 1st
ex.s. c
195 § 14; 1965 c 7 § 35.13.172.
Prior:
1961 c 282 § 3.]
in RCW 35.13.130, the mayor of the city or
town concerned that is not subject to the
jurisdiction of a boundary review board
under chapter 36.93 RCW, shall convene a
review board composed of the following
persons:
(1) The mayor of the city or town
initiating the annexation by resolution,
or the mayor in the event of a twenty
percent annexation petition pursuant to
RCW 35.13.020, or an alternate designated
by him;
(2)
The chairman of the board of county
commissioners of the county wherein the
property to be annexed is situated, or an
alternate designated by him;
(3)
The director of the planning and
community affairs agency or any agency
successor to the community affairs duties
of such agency, or an alternate designated
by him;
Two additional members to be designated,
one by the mayor of the annexing city,
which member shall be a resident property
owner of the city, and one by the chairman
of the county legislative authority, which
member shall be a resident of and a
property owner or a resident or a property
owner if there be no resident property
owner in the area proposed to be annexed,
shall be added to the original membership
and the full board thereafter convened
upon call of the mayor: PROVIDED FURTHER,
That three members of the board shall
constitute a quorum. [1973 1st ex.s. c
164 § 14; 1965 c 7 § 35.13.171. Prior:
1961 c 282 § 2.]
S~Yl~I~ ll£1~~
RCW
35.13.172
was
amended twice during the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
35.13.173
DETERMINATION
BY
]~!
BO_agD-.-F!£TO]~ £QNSIDEREbfiLING OF FINQ.=
IN2~
The review board shall by majority
action, within three months, determine
whether the property proposed to be annexed is of such character that such
annexation would be in the public interest
and for the public welfare, and in the
best interest of the city, county, and
other political subdivisions
affected.
The
governing officials of the city,
county, and other political subdivisions
of the state shall assist the review board
insofar as their offices can,
and all
relevant information and records shall be
furnished by such offices to the review
board.
In making their determination the
review board shall be guided,
but not
limited, by their findings with respect to
the following factors:
(1)
The immediate and prospective populations of the area to be annexed;
(2)
The assessed valuation of the area
to be annexed, and its relationship to
population;
(3)
The history of and prospects for
construction of improvements in the area
to be annexed;
(4)
The needs and possibilities for
geographical expansion of the city;
(5)
The present and anticipated need
for governmental services in the area
proposed to be annexed, including but not
limited to water supply, sewage and garbage disposal, zoning, streets and alleys,
curbs, sidewalks, police and fire protection, playgrounds, parks, and other municipal services, and transportation
and
drainage;
(6)
The relative capabilities of the
city, county, and other political subdivisions to provide governmental services
when the need arises;
(7)
The existence of special districts
except school districts within the area
proposed to be annexed, and the impact of
annexation upon such districts;
35.13.172
jHE~
!1llu;M,~!12 WII.J1 1.!~
!!~~ £ 1§~ §
REVIEW PROCEDUS! HAY~!
!U@£!12 BY 197} 1~1
1211 Whenever a petition is
filed as provided in RCW 35.13.020 or a
resolution is adopted by the city or town
council, as provided in RCW 35.13.015, and
the area proposed for annexation is less
than ten acres and less than two hundred
thousand dollars in assessed valuation,
such review procedures shall be dispensed
with.
(1973 1st ex.s. c 164 § 15; 1965 c
7 § 35.13.172. Prior:
1961 c 282 § 3.]
Reviser's note:
RCW
35.13.172
was
am~nd~d--twic~-~uring the 1973 first extraordinary session of the leg isla t·ure,
each withcut reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
35.13.172
jjj~~
WI,Ijj 1.!~
QIS~ED
~.L..b
~
~!NQ!RY 1~
..12.2 S
B!!l~! ERO£~QQM] ~!I~~
AMEND~J2
~.!
ill}
~l
ill~ JAM]ND~.!;l!l ]ll~]
1974~
Whenever a petition is
filed by either of the methods provided in
RCW 35.13.020 and 35. 13.130, or a resolution is adopted by the city council, as
provided in RCW 35.13.015, and the area
proposed for annexation is less than ten
acres and less than eight hundred thousand
dollars in assessed valuation, the mayor
1973 RCW SUPP.
[
273
35.13.173
CITIES AND TOWNS
---------------------
-------------------------------------------------------------
(8)
The elimination of isolated unincorporated areas existing without adequate
economical governmental services;
(9)
The immediate and potential revenues that would be derived by the city as
a result of annexation, and their relation
to the cost of providing service to the
area.
Whether the review board determines for
or against annexation, its reasons therefor,
along with its findings on
the
specified factors and other material considerations shall:
(1)
In the case of a petition signed by
registered voters calling for an election
on annexation, be filed with the board of
county commissioners;
(2)
In the case of a resolution of a
city or town initiating annexation proceedings pursuant to RCW 35.13.015, be
filed
with
the
board
of
county
commissioners.
Such findings need not include specific
data on every point listed,
but shall
indicate that all factors were considered.
A favorable determination by the review
board is an essential condition precedent
to the annexation of territory to a city
or town under either the resolution method
pursuant to RCW 35.13.015, or under the
twenty perc9nt annexation petition under
the election method.
[1973 1st ex.s. c
16ij § 16; 1965 c 7 § 35.13.173.
Prior:
1961 c 282 § 4.]
c 164 § 18; 1965 c 7 § 35.13.175.
1961 c 200 § 2.]
Chapter 35.21
MISCELLANEOUS PROVISIONS AFFECTING ALL
CITIES AND TOWNS
35.13.174
]EVI~~
LI~ILil!
JNSQRANCt !Qli Q!.:
Each city or town
may purchase liabili~y insurance with such
limits as it may deem reasonable for the
purpose of protecting its officials and
employees against liability for personal
or bodily injuries and property damage
arising from their acts or omissions while
performing or in good faith purporting to
perform their official duties.
[1973 c
125 § 2.]
35.21.205
FICIA~~
!liQ
~~l&QIEE~
35.21.430
Y%111!!~5--C!Il MA! ~!I !AX.:
INQ ~!STRICT~ .INVOLVED !liE.R !£2Q!§l!IQH
Ql gliVATE PO,Kll f!£.llll~ On and after
January 1,
1951, whenever a city or town
shall acquire electric generation, trans•
mission
and/or distribution properties
which at the time of acquisition were in
private ownership, the legislative body
thereof may each year order payments made
to all taxing districts within which any
part of the acquired properties are locat•
ed, in amounts not greater than the taxes,
exclusive of excess levies voted by the
people and/or levies made for the payment
of bonded indebtedness pursuant to the
prov~s~ons
of Article VII, section 2 of
the Constitution of this state, as now or
hereafter amended, and;or by statutory
provision, imposed on such properties in
the last tax year in which said properties
were in private ownership.
( 1973 1st
ex.s.
c
195 § 15; 1965 c 7 § 35.21.430.
Prior:
1951 c 217 § 1.]
FOB J!!]l!IlQ! !1liCTIO]
DETERMINATION FAVORABLE.
upon receipt by -the--board--o-f---county
commissioners of a determination by a
majority of the review board favoring
annexation of the proposed area that has
been initiated by resolution pursuant to
RCW 35.13.015 by the city or town legislative body, the board of county commissioners
shall
fix
a date on
which an
annexation election shall be held,
which
date will be not less than thirty days nor
more than sixty days thereafter.
(1973
1st
ex.s.
c 164 § 17; 1965 c 7 §
35.13.174. Prior:
1961 c 282 § 5.]
1l
Prior:
DAT~
]Q!]~~
Chapter 35.23
SECOND CLASS CITIES
35.13.175
f~!§
liNAL DISPOSITION OF
Q,R -~ESOLUTIQi
!OR ANNEXATICN Qj PETITIQli IQ,R !~RQll.:
TION SHALL EE ACTED UPON.
After the
filing--of- any petition-or-resolution for
annexation with the board of county commissioners,
or city or town council, and
pending its final disposition as provided
for in this chapter, no other petition or
resolution for annexation or petition for
incorporation which embraces any of the
territory included there~n shall be acted
upon by the county auditor or the board of
county commissioners, or by any city or
town clerk,
city or town council, or by
any other public official or body that
might otherwise be empowered to receive or
act upon such a petition. [ 1973 1st ex. s.
~ETll!~! !iQ ~!.HER fniTIO!
[
35.23.170
fA~~
COMMISSIONERS.
City
councils of cities of the second, third
and fourth class may provide by ordinance,
for a board of park commissioners, not to
exceed seven in number, to be appointed by
the mayor,
with the consent of the city
council, from citizens of recognized fit·
ness for such position. No person shall
be ineligible as a commissioner by reason
of sex and no commissioner shall receive
any compensation. The first commissioners
shall determine by lot whose term of
office shall expire each year, and a new
commissioner shall be appointed annually
to serve for a term of years corresponding
in number to the number of commissioners
in order that one term shall expire each
27ij
]
35.27.500
TOWNS
-----------------------------------------~---------------------------------------------
year. Such board of park commissioners
shall have only such powers and authority
with respect to the management, supervision, and control of parks and recreational facilities and programs as are granted
to it by the legislative body of cities of
the second, third, and fourth
class.
[1973 c 76 § 1; 1965 c 7 § 35.23.170.
Prior: 1953 c 86 § 1; 1925 ex.s. c 121 §
1; 1907 c 228 § 2; RRS § 9200.]
35.23.470
fUBLI£II! FY~~ Every city
of the second class having less than
eighteen thousand inhabitants may create a
publicity fund to be used exclusively for
exploiting and advertising the general
advantages and opportunities of the city
and its vicinity.
After providing by
ordinance for a publicity fund the city
council may use therefor an annual amount
not exceeding sixty-two and one-half cents
per thousand dollars of assessed valuation
of the taxable property in the city.
[1973 1st ex.s. c 195 § 16; 1965 c 7
§ 35.23.470. Prior:
1913 c 57 § 1; RRS §
9035. ]
~~~abil.H.Y
Eff$£!<ill da!<~§. _gl!Q ter.J!!J..:
natio.!l £.9:1~~.2.!!.21il£!io.!!=1.273 .1.21 ~.!~..:.
£ 195~ See notes following RCW 84.52.043.
assessed value of its regular levy for the
purpose of creating a fund for any special
improvement or purpose authorized by law.
The resolution creating the fund must
specifically designate its purpose, and
the fund so created shall not be used for
any purpose other than that designated in
the
resolution creating it except by
unanimous vote of the city council. (1973
1st
ex.s. c
195 § 17; 1965 c 7 §
35.24.350. Prior:
1919 c 167 § 2; RRS §
9131. ]
~.!~lllilitY.~~fgctiV.§ .M!~§.
al!i itl!U=
Mtion !lll~~con.2ll~ti2D.==ll73 lsi ~~
£ 195: See notes following RCW 84.52.043.
35.24.370
IA1ATIQM==§I~ET
fQ11 I!!~
A third class city may impose upon and
collect from every inhabitant of the city
over the age of eighteen years an annual
street poll tax not exceeding two dollars
and no other road poll tax shall be
collected within the limits of the city.
( 1973 1st ex.s. c 154 § 51; 1971 ex.s. c
292 § 61; 1965 c 7 § 35.24.370.
Prior:
1905 c 75 § 1, part; 1890 p 201 § 154; RRS
§ 9210, part.]
~ugg.!!il1.iy __ J.27 3 1.21 ~~.2.:.. £ 12i.,:.
note following RCW 2.12.030.
Chapter 35.24
THIRD CLASS CITIES
See
Chapter 35.27
TOWNS
35.24.090
COMPENSATION OF Qmf]]S-=
EXPENSES. The-mayQr-a;a--the- members of
the city council may be reimbursed for
actual expenses incurred in the discharge
of their official duties, upon presentation of a claim therefor, after allowance
and approval thereof, by resolution of the
city council; and each city councilman may
be paid for attending council meetings an
amount which shall be fixed by ordinance
and may be revised from time to time by
ordinance, but any increase or reduction
in the compensation attaching to an office
shall not be applicable to the term then
being served by the incumbent.
The city attorney, clerk and treasurer,
if elective, shall severally receive at
stated times a compensation to be fixed by
ordinance by the city council.
The mayor and other officers shall receive such compensation as may be fixed by
the city council at the time the estimates
are made as provided by law. ( 197 3 1st
ex.s. c 87 § 1; 1969 ex.s. c 270 § 8; 1965
c 105 § 1; 1965 c 7 § 35.24.090. Prior:
196 1 c 8 9 § 7 ; 19 41 c 115 § 1 ; 19 15 c 18 4
§ 7; 1893 c 10 § 2; 1890 p 180 § 109; Rem.
Supp. 1941 § 9120.]
35.27.130
£QJ1rENSATIQM OF Q.fliCill==
EXPENSES.:.
The mayor and members of the
town council may be reimbursed for actual
expenses incurred in the discharge of
their official duties upon presentation of
a claim therefor and its allowance and
approval by resolution of the town council. The mayor and members of the council
may also receive such salary as
the
council may fix by ordinance.
The treasurer and treasurer-clerk shall
severally receive at stated times a compensation to be fixed by ordinance.
The compensation of all other officers
shall be fixed from time to time by the
council.
[1973 1st ex.s. c 87 § 2; 1969
ex.s. c 270 § 9; 1965 c 105 § 2; 1965 c 7
§ 35.27.130.
Prior:
1961 c 89 § 5;
prior:
(i) 1941 c 115 § 2; 1890 p 200 §
147; Rem. Supp. 1941 § 9168.
(ii) 1921 c
24 § 1, part; 1890 p 209 § 168, part; RRS
§ 9187, part.
(iii) 1890 p 214 § 173; RRS
§ 9191.
(iv) 1943 c 183 § 1, part; 1941 c
91 § 1, part; 1911 c 33 § 1, part; 1903 c
113 § 5, part; 1890 p 198 § 144, part; RRS
§ 9165, part.]
35.24.350
IAX!IIOM==!11Qf!IIQM
FO]
~UflAL
IMPRO,!EMENT OR PURPOSE.
I f by
unanimous vote the city councii- so decides, every city of the third class may
use fifty cents per thousand dollars of
35.27.500
TAXATION--STREET POLL I!!.:.
A town may impose-upon--ana--collect from
every inhabitant of the town over eighteen
years of age an annual street poll tax not
exceeding two dollars and no other road
poll tax shall be collected within the
197 3 RCW SUPP.
( 275 ]
35.27.500
CITIES AND TOWNS
--------------------limits of the town.
[1973 1st ex.s. c 154
§ 52;
1971 ex.s. c 29~ § 62; 1965 c 7 §
35.27.500. Prior: 1905 c 75 § 1,
part;
I\ :s § 9210, part. 1
Severability--1973 1§! ~~~ £ ~~
note following RCW 2.12.030.
See
Chapter 35.30
UNCLASSIFIED CITIES
35.30.020
SEWER SYSTEMS--SEWER FUND.
The city councir- o~Ir---unciassified
cities in this state are authorized to
construct a sewer or system of sewers and
to keep the same in repair; the cost of
such sewer or sewers shall be paid from a
special fund to be known as the "sewer
fund" to be provided by the city council,
which fund shall be created by a tax on
all the property within the limits of such
city:
PROVIDED, That such tax shall not
exceed one dollar and twenty-five cents
per thousand dollars of the assessed value
of all real and personal property within
such city for any one year.
Whenever it
shall become necessary for the city to
take or damage private property for the
purpose of making or repairing sewers, and
the city council cannot agree with the
owner as to the price to be paid, the city
council may direct proceedings to be taken
by law for the condemnation of
such
property for such purpose.
(1973 1st
ex.s. c 195 § 18; 1965 c 7 § 35.30.020.
Prior:
1899 c 69 § 2; RRS § 8945.)
2evg£.g,biliiY= Eff~.U~ mg~ ~.!ill 1~i­
natioll QgJ:g2=~.Q.!!Stij!ct.i.Q.!!=197J jst 2.!~2~
£ 195~ See notes following RCW 84.52.043.
Chapter 35.31
ACCIDENT CLAIMS AND FUNDS
35.31.060
!!! 1]!1 !Q~ FON~~ The city
or town council after the drawing of
warrants against the accident fund shall
estimate the amount necessary to pay the
warrants with accrued interest thereon,
and shall levy a tax sufficient to pay
that amount not exceeding seventy-five
cents per thousand dollars of assessed
value.
If a single levy of seventy-five
cents per thousand dollars of assessed
value is not sufficient, an annual levy of
seventy-five cents per thousand dollars of
assessed value shall be made until the
warrants and interest are fully paid.
( 1973 1st ex.s.
c
195 § 19; 1965 c 7 §
35.31.060.
Prior: 1909 c 128 § 3; RRS §
9484. J
2~g£~ili1~-E.ffg£1i~ dates ~!!Q 1~
lltti£n g_g1~=const£Y£1ion==1.21J 121 g!&~
£ 1221 See notes following RCW 84.52.043.
Chapter 35. 32A
BUDGETS IN CITIES OVER 300,000
35.32!.060
E~~1 FUN~
Every city
having a population of over three hundred
thousand may maintain an emergency fund,
which fund balance shall not exceed thirty-seven and one-half cents per thousand
dollars of assessed value.
Such fund
shall be maintained by an annual budget
allowance.
When the necessity therefor
arises transfers may be made to
the
emergency fund from any tax-supported fund
except bond interest and redemption funds.
The city council by an ordinance approved by two-thirds of all of its members
may authorize the expenditure of sufficient money from the emergency fund to
meet the expenses or obligations:
(1)
caused by fire,
flood, explosion,
storm,
earthquake, epidemic, riot, insurrection, act of God, act of the public
enemy or any other such happening that
could not have been anticipated; or
(2)
For the immediate preservation of
order or public health or for the restoration to a condition of usefulness of
public property the usefulness of which
has been destroyed by accident; or
(3)
In settlement of approved claims
for personal injuries or property damages,
exclusive of claims arising from
the
operation of a public utility owned by the
city; or
(4)
To meet mandatory expenditures required by laws enacted since the last
budget was adopted.
The city council by an ordinance approved by three-fourths of all its members
may appropriate from the emergency fund,
an amount sufficient to meet the actual
necessary expenditures of the city for
which insufficient or no appropriations
have been made due to causes which could
not reasonably have been foreseen at the
time of the making of the budget.
An ordinance authorizing an emergency
expenditure shall become effective immedi~
ately upon being approved by the mayor or
upon being passed over his veto as provided by the city charter. [1913 1st ex.s. c
195 § 20; 1967 c 1 §B.]
§g!~gbility=]ffe.£1.ill date~ ~ll~
Mii2.!l
£ 195:
Q_g_tes-COQ2i£~i2!!.==llll
term.k
12i
ex.~
See notes following RCW 84.52.043.
Chapter 35.33
BUDGETS IN SECOND AND THIRD CLASS CITIES
AND FIRST CLASS CITIES UNDER 300,000
35.33.061
BUDGET--NOTICE OF HEARING ON
FINAL~
Immediately--following the-tiling
of the preliminary budget with the clerk,
the clerk shall publish a notice once each
week for two consecutive weeks stating
that the preliminary budget for the ensuing fiscal year has been filed with the
[ 276 ]
FISCAL--DEPOSITARIES
35.38.041
--------------------------------------------------------------------------------------clerk; that a copy thereof will be furnished to any taxpayer who will call at
the clerk's office therefor and that the
legislative body of the city or town will
meet on or before the first Monday of the
month next preceding the beginning of the
ensuing fiscal year for the purpose of
fixing the final budget, designating the
date, time and place of the legislative
budget meeting and that any taxpayer may
appear thereat and be heard for or against
any part of the budget. The publication
of such notice shall be made in the
official newspaper of the city or town if
there is one, otherwise in a newspaper of
general circulation in the city or town or
if there be no newspaper of
general
circulation in the city or town, then by
posting in three public places fixed by
ordinance
as the official places for
posting the city's or town's official
notices.
[1973 c 67 § 2; 1969 ex.s. c 95
of each fiscal year designate one or more
banks in the city which are qualified
public depositaries as set forth by the
public deposit protection commission as
depositary or depositaries for the moneys
required to be kept by the treasurer, and
such designation shall be subject to the
approval of the mayor, and filed with the
comptroller.
(1973 c 126 § 1; 1969 ex.s.
c 193 § 22; 1965 c 7 § 35.38.010. Prior:
1905 c 103 § 1; RRS § 5568.]
35.38.020
~!TI~
Ql 75,0QQ Q~ nQ~~
ll.!!ABITA.!!.I§==~~TR!~I
!~
TO
!!ii~~EST=
~.!i]TY
l!Q..HQ Qli COll,!U~Ab~ [ 1969 ex.s. c
193 § 23; 1969 c 28 § 2; 1967 c 132 § 5;
1965 c 7 § 35.38.020. Prior: 1947 c 245 §
1; 19ij5 c 240 § 1; 1935 c 45 § 1;
1931 c
87 § 4; 1913 c 118 § 1; 1909 ex.s. c 10 §
1; 1909 c 103 § 2;
Rem.
Supp.
1947 §
5569.] Repealed by 1973 c 126 § 18.
§ 8. ]
£QNTING~~CY !Q!Q_-=fBEAIIO~==
35.33.145
fURPO~==~YffQ~I=-_1APSE~
Every city or
town may create and maintain a contingency
fund to provide moneys with which to meet
any municipal expense, the necessity or
extent
of which could not have been
foreseen or reasonably evaluated at the
time of adopting the annual budget, or
from which to provide moneys for those
emergencies described in RCW 35.33.081 and
35.33.091. Such fund may be supported by
a budget appropriation from any tax or
other revenue source not restricted in use
by law, or also may be supported by a
transfer from other unexpended or decreased funds made available by ordinance
as set forth in RCW 35.33.121:
PROVIDED,
That the total amount accumulated in such
fund at any time shall not exceed the
equivalent of thirty-seven and one-half
cents per thousand dollars of assessed
valuation of property within the city or
town at such time.
Any moneys in the
contingency fund at the end of the fiscal
year shall not lapse except upon reappropriation by the council to another fund in
the adoption of a subsequent
budget.
[1973 1st ex.s. c 195 § 21; 1969 ex.s. c
95 § 22. ]
~ngabi1i tY=~ffectiE dates and ,!gmi.=
Qatio.!! Q.s:t~-::CQnstruct io.!!==.l21J 1st ex. s~
£ 122~ See notes following RCW 84.52.043.
chapter 35. 38
FISCAL--DEPOSITARIES
35.38.010
CITIES OF 75,000 ~ ~OR~
INHABITANTS--DESIGNATION OF DEPOSITARIES.
rhe--city~reasurer in-ali-cities~ing a
population of seventy-five thousand or
more inhabitants shall annually at the end
1973 RCW SUPP.
[ 277
35.38.030
~TI~
A~]
~]2
Ql LE§§
THAN 75 1 Q00 INHA.!UTANTS-=Q]SIGN!liQ~ OF
DEPOSITARIES.
Any city or town having a
population of less than seventy-five thousand inhabitants shall, upon a majority
vote of its governing body, instruct its
city or town treasurer annually at the end
of each fiscal year, or at such other
times as may be deemed necessary by the
treasurer, to designate one or more banks
in the county wherein the city or town is
located which are qualified public depositaries as set forth by the public deposit
protection commissicn as depositary or
depositaries for the moneys required to be
kept by said treasurer: PROVIDED, That
where any bank has been designated as a
depositary hereunder
such
designation
shall continue in force until revoked by a
majority vote of the governing body of the
city or town.
[1973 c 126 § 2; 1969 ex.s.
c 193 § 24; 1965 c 7 § 35.38.030.
Prior:
1923 c 18 § 1; 1907 c 22 § 1; RRS § 5571.]
35.38.040
LESS
Qf
Before any such designation
shall entitle the treasurer to make deposits in such bank or banks, the bank or
banks so designated shall, within ten days
after the same is filed with the city or
town clerk, segregate eligible securities
as collateral as provided by RCW 39.58.050
as now or hereafter amended. (1973 c 126
§ 3; 1969 ex.s. c 193 § 25; 1967 c
132 §
6;
1965 c 7 § 35.38.040. Prior:
1945 c
240 § 2; 1935 c 45 § 3; 1931 c 87 § 5;
1909 c ij0 § 1; 1907 c 22 § 2; Rem. Supp.
1945 § 5572. J
IfiA~
75,000
CObb!!~~
CITIES
ANQ
!Q!NS
Qf
INHABITA!f!S-=~EG~~~!!!ON
35.38.041
§~~REG!IIQ!i
OF ELIGIBLE SE£Ylil!!~ !~COLLATERAL.
Ea~h--such--bank
shall segregate--eligible ~~curities as
l
35.38.041
CITIES AND TOWNS
------------------------------------------------------collateral in accordance with RCW 39.58.050 as now or hereafter amended. [ 1 97 3 c
126 § 17.]
preceding the date of the election.
The
ballot proposition shall be in substantially the following form:
Chapter 35. 56
"FORMATION OF METROPOLITAN
MUNICIPAL CORPORATION
LOCAL
AND DRAINING
LOWLANDS--WATERWAYS
IMPROVEMENT~FILLING
!AX
b~Yl_~!ER!1--P~~
For the purpose of raising
revenues to carry on any project under
this chapter including funds for
the
payment for the lands taken, purchased,
acquired or condemned and the expenses
incident to the acquiring thereof, or any
other cost or expenses incurred by the
city under the provisions of this chapter
but not including the cost of actually
filling the lands for which the local
improvement district was created, a city
may levy an annual tax of not exceeding
seventy-five cents per thousand dollars of
assessed valuation of all property within
the city. The city council or commission
may create a fund into which all moneys so
derived from taxation and moneys derived
from rents and issues of the lands shall
be paid and against which special fund
warrants may be drawn or negotiable bonds
issued to meet expenditures under this
chapter. ( 1973 1st ex.s. c 195 § 22; 1965
c 7 § 35.56.190. Prior: 1913 c 16 § 19;
RRS § 9467.]
35.56.190
~1=-_1IMI!~
Chapter 35.58
METROPOLITAN MUNICIPAL CORPORATIONS
fliQCEDUR~
TO FO~~
,LU QQALQIEQ VOT=:
CORPORATION--FIRST
MEETING OF COUNCIL.
The election-Qn the
formation-of -the--metropolitan municipal
corporation shall be conducted by the
auditor of the central county in accordance with the general election laws of
the state and the results thereof shall be
canvassed by the county canvassing board
of the central county, which shall certify
the result of the election to the board of
county commissioners
of
the
central
county, and shall cause a certified copy
of such canvass to be filed in the office
of the secretary of state. Notice of the
election shall be published in one or more
newspapers of general circulation in each
component county in the manner provided in
the general election laws.
No person
shall be entitled to vote at such election
unless he is a qualified voter under the
laws of the state in effect at the time of
such election and has ~esided within the
metropolitan area fo~ at least thirty days
35.58.090
£0RPORATI.Q1i
ELECTION
~liQ
LEVY
~RS~~!!ELI~HM~.!i!
Qf
[ 278
Shall a metropolitan municipal corporation be established for the area described
in a resolution of the board of commissioners of --------------- county adopted
on the ~-~- day of ------~--·
19 __ , to
pe~form
the metropolitan functions of
(here insert the title of
eaCh--of the-functions to be authorized as
set forth in the petition or initial
resolution).
YES ••••••••••••••••••••••••••••••••• o
NO •••••••••••••••••••••••••••••••••• 0 11
If a majority of the persons voting on
the proposition residing within the central city shall vote in favor thereof and
a majority of the persons voting on the
proposition residing in the metropolitan
area outside of the central city shall
vote in favor thereof, the metropolitan
municipal corporation shall thereupon be
established and the board of commissioners
of
the central county shall adopt a
resolution setting a time and place for
the first meeting of the metropolitan
council which shall be held not later than
thirty days after the date of such election.
A copy of such resolution shall be
transmitted to the legislative body of
each component city and county and of each
special district which shall be affected
by the particular metropolitan functions
authorized.
At the same election there shall be
submitted to the voters residing within
the metropolitan area, for their approval
or rejection, a proposition authorizing
the metropolitan municipal corporation, if
formed, to levy at the earliest time
permitted by law on all taxable property
located within the metropolitan municipal
corporation a general tax, for one year,
of twenty-five cents per thousand dollars
of assessed value in excess of any constitutional or statutory limitation for authorized purposes of the
metropolitan
municipal corporation.
The proposition
shall be expressed on the ballots in
substantially the following form:
"ONE YEAR TWENTY-FIVE CENTS PER THOUSAND
DOLLARS OF ASSESSED VALUE LEVY
Shall the metropolitan municipal corporation, if formed, levy a general tax of
twenty-five cents per thousand dollars of
assessed value for one year upon all the
taxable property within said corporation
in excess of the constitutional and/or
statutory tax limits for authorized purposes of the corporation?
J
METROPOLITAN MUNICIPAL CORPORATIONS
35.58.2731
-.------------------------------------------------------------------------------------YES • ••••••••••••• • • • • • • • • • • • • • • • • • • • 0
NO • •••••••••• • • • • • • • • • • • • • • • • • • • • • • • D"
such proposition to be effective must be
approved by a majority of at least threefifths
of the persons voting on the
propositicn to levy such tax in the manner
set forth in Article VII, section 2 (a} of
the Constitution of this state, as amended
by Amendment 59 and as thereafter amended.
(1973 1st ex.s. c 195 § 23; 1965 c 7 §
35.58.090. Prior: 1957 c 213 § 9.]
35.58.273
~~ PU~11£ !RAN~!l ~§l]M-=
MQI~
Y.rtHI.Qd~
EXCJ§~ ll.k=.f.!@1!f lJ~ARl].§
Q.li ROUT~ AND DES!§!..:. J.A..M.liJ2lrn.lii ~U~CTll~
~UNE 30£ jiftl..:.l
Before utilization of any
of the funds appropriated by the legislature and distributed to a municipality
pursuant to RCW 35.58.2793 for acquisition
of right of way or for construction of a
mass transit facility on a separate right
of way the municipality shall adopt rules
affording the public an opportunity for
"corridor public hearings" and "design
public hearings" as herein defined, which
rule shall provide in detail the procedures necessary for public participation
in the following instances: (a} prior to
adoption of location and design plans
having a substantial social, economic or
environmental effect upon the locality
upon which they are to be constructed or
(b) on such mass rapid transit systems
operating on a separate right of way
whenever a substantial change is proposed
relating to location or design in the
adopted plan.
In adopting rules
the
municipality shall adhere to the provisions of the Administrative Procedure Act.
A "corridor public hearing" is a public
hearing that:
(a)
is held before the
municipality is committed to a specific
mass transit route proposal, and before a
route location is established; (b) is held
to afford an opportunity for participation
by those interested in the determination
of the need for, and the location of, the
mass rapid transit system; (c) provides a
public forum that affords a full opportunity for presenting views on the mass
rapid transit system route location, and
the social, economic and environmental
effects on that location and alternate
locations:
PROVIDED, That such hearing
shall not be deemed to be necessary before
adoption of an overall mass rapid transit
system plan by a vote of the electorate of
the municipality.
A "design public hearing" is a public
hearing
that:
(a)
is held after the
location is established but before the
design is adopted; and
(b)
is held to
afford an opportunity for participation by
those interested in the determination of
major design features of the mass rapid
transit system; and (c) provides a public
1973 RCW SUPP.
[ 279
forum to afford a full opportunity for
presenting views on the mass rapid transit
system design, and the social, economic,
environmental effects of that design and
alternate designs.
[1973 1st ex.s. c 136
§ 1; 1969 ex.s. c 255 § 8.)
Ef!~cti~ Qgte~=-1211 12i g!~§~ Q 112~
"Sections 1 through 6 and section 8 of
this 1973 amendatory act shall not take
effect until June 30,
1981, and
the
remainder of this 1973 amendatory act is
necessary for the immediate preservation
of the public peace, health and safety,
the support of the state government and
its
existing public institutions, and
shall take effect immediately. 11 [ 1973 1st
ex.s. c 136 § 9.) Sections 1 through 6 and
section 8 refer to RCW 35.58.273,
35.58.279, 35.58.2791, 35.58.2792 and 82.44.150
as amended by 1973 1st ex.s. c 136, to RCW
35.58.2793, and to the repeal of RCW
35.58.274-35.58.278 by 1973 1st ex.s. c
136.
§~~gbi1il.Y=1.273
1st ex.s. c 136: "If
any provision of this 1973-amendatory-act,
or
its application to any person or
circumstance is held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected." [1973 1st ex.s. c
136 § 10. J
35.58.2731
~!§§
PUBLIC TRANSIT SYSUPON--AMOUNT--oF-SPECIAL
MOIOR VEHifLEr-llCISE
-1~YI£;.~= BONQ
ISSUE
AUTHORIZED--FEDERAL
FUNDS.
(1)
D'Uriiig theho£ is cal years fro;;;:--July , ,
1973 to June 30, 1975, no municipality as
defined in RCW 35.58.272 which has been
authorized to levy a special excise tax
pursuant to RCW 35.58.273 may levy an
amount
in each of such fiscal years
greater than the maximum amount established pursuant to the following formula:
For each of the fiscal years 1973-74 and
1974-75 the total amount of such special
excise taxes levied by all municipalities
shall be $6,000,000 per year and each
municipality may levy not to exceed the
proportion of such total amount for which
the municipality qualifies proportionately
with all other qualifying municipalities
under RCW 35.58.273 and RCW 82.44.150 for
local mass transit assistance purposes.
Prior to May 1, 1973 and May 1, 1974 each
municipality desiring to levy an excise
tax during the immediately following fiscal year shall so advise the director of
the department of motor vehicles.
Necessary data shall be supplied by the office
of program planning and fiscal management
to the director of the department of motor
vehicles, who shall determine the maximum
amount of the excise tax levy for each
qualifying municipality and shall certify
such amount to each such municipality
prior to June 1 of each of the years 1973
and 1974.
TEM~LIMITATIONS
TA!
35.58.2731
CITIES AND TOWNS
--------------------------------------(2)
In addition to any other authority
now provided by law, any municipality,
including a metropolitan municipal corporation,
shall be authorized to issue
general obligation bonds for public mass
transportation purposes with the principal
and interest on said bonds to be paid from
such taxes as shall be authorized to be
levied by such municipality
including
motor vehicle excise taxes. such bonds
shall be issued and sold subject to the
terms and limitations and in the manner
provided in RCW 35.58.450: PROVIDED, That
no municipality may issue general obligation bonds secured by or payable from
motor vehicle excise taxes which bonds
mature later than June 30, 1981.
(3)
Any federal funds received in excess of those anticipated in annual local
transit budgets shall be used in lieu of
state funds distributed to municipalities
pursuant to *this 1973 amendatory act.
An
amount equal to the excess federal funds
received shall be returned to the state
treasurer and deposited in the
state
general fund. [1973 1st ex.s. c 136 § 7.)
,!~vi~!:!.§ no~.;,
"this 1973 amendatory
act", see note following RCW 35.58.2793.
~~gJ;:2BiliiYL
ex.s.
c
136:
35.58. i73 . - -
Effective dates--1973 1st
-see--nOtes--following Rei
35.58.274
MASS PUBLIC TRANSIT SYSTEM-MOT~!~!!!(!.~- EXEMPI- r_goM I_AX.:.-f1969
ex.s. c 255 § 9.) Repealed by 1973 1st
ex.s. c 136 § 8; effective June 30, 1981.
£s1~-
§~verabilityJ..
~.s. £ 13§.~
35.58.273.
Effective dates--1973 ~!
-see-notesfollowing Rcw
gUBLI£ TRANlli S.I~TEM==
( 196 9 ex. s. c 255 §
13.]
Repealed by 1973 1st ex.s. c 136 §
8, effective June 30, 1981.
35. 58.278
DI~liillJ.ON
MA~
Ql
sevegbilityJ..
£ 11§J..
35.58.273.
~.:.§.:.
fib
]ffectiv~
See
,gate§_-1lli .1§1
notes following RCII
35.58.279
~SS ~~£ !li!!ll! SXSTEM-=
!JiQ Q.§j OF illll.§.:. 1.A1H;NDME!!
HfECTIVE
gQNE lQ.L 1.2.§.Ll.
All funds
appropriated by the legislature and distributed to municipalities for public mass
transit assistance pursuant to RCW 35.58.2793 shall be credited to a special fund
in the treasury of each such municipality.
Such funds shall be used solely for the
purpose of paying all or any part of the
cost of acquiring, constructing, equipping
or operating a publicly owned mass transportation system,
or contracting for the
services thereof, or to pay or secure the
payment of all or part of the principal of
or interest on any general obligation
bonds or revenue bonds issued for public
transportation capital purposes and until
withdrawn for use, the moneys accumulated
in such fund or funds may be invested by
the treasurer of such municipality in the
manner authorized by the legislative body
of the municipality.
[1973 1st ex.s. c
136 § 2; 1969 ex.s. c 255 § 14.]
CR~ITING
12.11 1§1
§gygrability; Effectiv§ dates--1973 1st
ex.s. c 136:
see notes -fOllowing35:58.273-.- -
35.58.275
~§ gQBLlf TRANSIT~~
gROVISIQ]§ Qf MQT~ l]!!ICL~ £;~] .ll.!
~HAPTE.R .!fli!CABLE.
[1969 ex.s. c 255 §
10.)
Repealed by 1973 1st ex.s. c 136 §
8, effective June 30, 1981.
35.58.2791
~b~§
PUBklf 1£!!§!1 §!§:
TE.!1==1l!ll!U!.AL £Q~llQ!! ~.QQIPKENT IQ £2.!1=
PLY liiTH POLLUTION fQNT~b
ST!l!Q!l!Q§.:.
_{A~ENDl'IENT -~FFECTIV] ~Q!!! 30L 1981.1 No
new internal combQstion powered equipment
shall be acquired with funds appropriated
by the legislature and distributed to a
municipality pursuant to RCW 35.58.2793
unless they meet the standards for control
of pollutants emitted by internal combustion engines as determined by the state
air pollution control board, which standards shall not be less than those required
by similar federal standards. [ 1973 1st
ex.s. c 136 § 3; 1969 ex.s. c 255 § 19.]
~~grabili t n ~ti.!§
~X.:.§.:.
£
136~
35.58.273.
See
~gyg~ility;
~§.:. £ ill~
35.58.273.
notes
following
RCW
Effective dates--1973 1§!
-See-notes following RCW
35. 58.276
MASS PU§lli TR,ll~IT SYS!]lL-::
_IAX ]2!!] .AND
ggABLE=:CO~llQ!L:.
[1971 ex.s. c 199 § 1; 1969 ex.s. c 255 §
11.] Repealed by 1973 1st ex.s. c
136 §
8, effective June 30, 1981.
!.!rnli
SeverabilitYL jffec!i~
~x.s. £
136:
See notes
35.58.273.
35.58.277
RniTID~]
MA~§
da!~==.l2 7 3 1§1
following
gQ.!!11£ TRANSII_
RCW
SYS~
Qf TAX BY ~OUN.TI
AUDJ;TOR.:.
( 1969 ex. s. c 255 § 12. ] Repealed by 197 3
1st ex.s. c 136 § 8, effective June 30,
1981.
Rei
§everabi!i!Yl Effective dates--1973 1st
ex.s. c 136: see----riOteSfOlloting RCw
i7 3.---
Ts:ss.
35.58.2792
TEM-PARKING
!IQ.!i
WI~
§ll=
~!§§
POBhl_~
I_RANSll
ll~IliTIM IQ BE l l £Ql!JUNC§YST~
STATIONS OR TRANSFER
f.AfilliJES. JMENDMEN_! EFF]CTIVE ~ ~
12§~
The construction of parking facilities to be wholly or partially financed
( 280 ]
35.58.450
METROPOLITAN MUNICIPAL CORPORATIONS
--------------------------------------------------------------------------------------with funds appropriated by the legislature
and distributed to a municipality pursuant
to RCW 35.58.2793 shall be in conjunction
with and adjacent to public transportation
stations or transfer facilities.
[1973
1st ex.s. c 136 § 4; 1969 ex.s. c 255 §
20. ]
35.58.2793
~!SS
PUBL!£ TRAN~I! SYSFINAElll! ASSI~TAN£~=!2IS!li!BU::
TION
OF FUNDS--FORMULA--FEDERAL IQ!~~
JEFFE£!IV~ ~YNE-1~ 1981.1--(1)--The state
treasurer, based on information provided
by the department of motor vehicles, shall
distribute to each municipality operating
a public mass transportation system which
requests and qualifies for state financial
assistance, such amounts as the legislature appropriates for public mass transit
assistance in each fiscal biennium.
The
amount to be distributed to any municipality for purposes of local public transportation assistance from any legislative
appropriation for that purpose shall be an
amount equal to the amount budgeted by
such municipality to be expended for local
public
transportation
from local tax
sources but in no event shall the amount
distributed
to a municipality in any
calendar year be more than the maximum
limit established by the dollar amount
calculated pursuant to the formula ~n
subsection (2) of this section.
(2) The dollar amount of the maximum
limit referred to in subsection (1) of
this section shall be determined by the
following formula:
One-half of the total
amount of motor vehicle excise
taxes
remitted to the department during the most
recent calendar year for which data is
available, except those payable under RCW
82.44.030 and 82.44.070, from each county
shall be multiplied by a fraction, the
numerator of which is the population of
the subject municipality residing in such
county, and the denominator of which is
the total population of the county in
which such municipality or portion thereof
is located. The product of this computa~
tion shall be the maximum amount to be
distributed to any municipality from whatever funds may be appropriated by the
legislature for purposes of local public
transportation assistance. Where the municipality is located in more than one
county, separate computations shall be
made for each county, and the combined
products shall provide the maximum limit.
Population
figures required for these
computations shall be supplied by the
office of program planning and fiscal
management to the director of the department of motor vehicles, who shall adjust
the fraction annually.
(3)
The distribution of funds to municipalities from any legislative appropriation
for
purposes
of
mass transit
!EM--§IAT~
1973 RCW SUPP.
[ 281
assistance shall be made annually by the
state treasurer no later than June 30th of
the calendar year to which the distribution applies.
For purposes of insuring
the equitable distribution of funds appropriated by the legislature, the department
of motor vehicles at the beginning of each
state fiscal biennium for which funds are
appropriated for distribution shall determine the amount of local matching money to
be budgeted within maximum limits by each
municipality for each municipal fiscal
year covered by the state appropriation.
In the event the appropriation by the
legislature is insufficient to match the
amount of locally generated tax revenues
budgeted for transportation purposes by
municipalities within maximum limits established by this section, the amount
distributed to each municipality shall be
reduced proportionately.
(4)
If after the close of any calendar
year the department of motor vehicles
should determine that any municipality
receiving a grant from the state appropriation for mass transit assistance has not
expended or lawfully contracted to expend
at least ninety percent of the local
matching funds budgeted for mass transit
from local taxes, the apportionment for
the succeeding calendar year to
that
municipality from state assistance funds
shall be reduced by the dollar amount of
the municipality's under-expenditure of
budgeted local tax funds less an adjustment factor calculated as five percent of
the local matching funds budgeted, or one
hundred thousand dollars, whichever is
less.
(5)
Any federal funds received in excess of those anticipated in annual local
transit budgets shall be used in lieu of
state funds distributed to municipalities
pursuant to *this 1973 amendatory act. An
amount equal to the excess federal funds
received shall be returned to the state
treasurer and deposited in the
state
general fund. [ 1973 1st ex. s. c 136 § 6.]
*Reviser's note:
"this 1973 amendatory
act«-(1973-,st e~s. c 136] refers to the
amendments to RCW 35.58.273, 35.58.279,
35.58.2791, 35.58.2792 and 82.44.150 by
1973 1st ex.s. c 136, to RCW 35.58.2731
and 35.58.2793, and to the repeal of RCW
35.58.274-35.58.278.
~g_yggbili1Y.i. ~!.fectiyg
ex.s. c
136:
35:58.273-.-
see
notes
dates-1973 1.§1
-IOflOwing-
Rcw
Q];NERA1 Q]k~IO,!! BOND~=
fORnL ~~~ ~1]£TIQ,!!L
f!YMEN~
Notwithstanding the limitations
of chapter 39.36 RCW and any other statu•
tory limitations otherwise applicable and
limiting municipal debt, a metropolitan
municipal corporation shall have the power
to authorize and to issue general obligation bonds and to pledge the full faith
and credit of the corporation to the
35.58.450
J~~QANCEL
]
~!1~L
35.58.450
CITIES AND TOWNS
--------------------------------------------------------------------------------------payment thereof, for any authorized capital purpose of the metropolitan municipal
corporation: PROVIDED, That a proposition
authorizing the issuance of any such bonds
to be issued in excess of three-fourths of
one percent of the value of the taxable
property therein, as the term "value of
the taxable property" is defined in RCW
39.36.015, shall have been submitted to
the electors of the metropolitan municipal
corporation at a special election and
assented to by three-fifths of the persons
voting on said proposition at said election at which such election the total
number of persons voting on such bond
proposition shall constitute not less than
forty percent of the total number of votes
cast within the area of said metropolitan
municipal corporation at the last preceding state general election. Such general
obligation bonds may be authorized in any
total amount in one or more propositions
and the amount of such authorization may
exceed the amount of bonds which could
then lawfully be issued. such bonds may
be issued in one or more series from time
to time out of such authorization but at
no time shall the total general indebtedness of the metropolitan municipal corporation exceed five percent of the value of
the taxable property therein, as the term
"value of the taxable property" is defined
in RCW 39.36.015. Both principal of and
interest on such general obligation bonds
may be made payable from annual tax levies
to be made upon all the taxable property
within the metropolitan municipal corporation
in excess of the constitutional
and/or statutory tax limit or may be made
payable
from any other taxes or any
special assessments which the metropolitan
municipal corporation may be authorized to
levy or from any otherwise
unpledged
revenue which may be derived from the
ownership or operation of properties or
facilities incident to the performance of
the authorized function for which such
bonds are issued or may be made payable
from any combination of the foregoing
sources.
The metropolitan council may
include in the principal amount of such
bond issue an amount for engineering,
architectural, planning, financial, legal,
urban design and other services incident
to acquisition or construction solely for
authorized capital purposes and may include an amount to establish a guaranty
fund for revenue bonds issued solely for
capital purposes.
General obligation bonds shall be sold
as provided in RCW 39.44.030 and shall
mature in not to exceed forty years from
the date of issue.
The various annual
maturities shall commence not more than
five years from the date of issue of the
bonds and shall as nearly as practicable
be in such amounts as will, together with
the interest on all outstanding bonds of
such issue, be met by equal annual tax
levies.
such bonds shall be signed by the chairman and attested by the secretary of the
[
metropolitan council, one of which signatures may be a facsimile signature and the
seal of the metropolitan corporation shall
be impressed or imprinted thereon. Each
of the interest coupons shall be signed by
the facsimile signatures of said officials.
General obligation bonds shall be
sold at public sale as provided by law for
sale of general obligation bonds of cities
of the first class at a price not less
than par and accrued interest. (1973 1st
ex.s. c 195 § 24; 1971 ex.s. c 303 § 9;
1970 ex.s. c 56 § 38; 1970 ex.s. c 42 §
13; 1970 ex.s. c 11 § 1. Prior: 1969
ex.s. c 255 § 17; 1969 ex.s. c 232 § 16;
1967 c 105 § 13; 1965 c 7 § 35.58.450;
prior:
1957 c 213 § 45.]
~.§!:_grabi.li!v
]ffictj,!:_g da~.§ sn~ :termiMs.i21l dates-_£QnstrY£.!i.2!!~73 l!!! ~.:.§.:.
£ 1221 See notes following RCW 84.52.043.
Chapter 35.61
METROPOLITAN PARK DISTRICTS
35.61.210
g!~
DISTRICT
TA!
LEVY-"PARK DISTRICT FUNDii:---The-board of
parkcommissionersmay levy or cause to be
levied a general tax on all the property
located in said park district each year
not to exceed seventy-five cents
per
thousand dollars of assessed value of the
property in such park district: PROVIDED,
That notwithstanding the provisions of RCW
84.52.050, and RCW 84.52.043 the board is
hereby authorized to levy a general tax in
excess of seventy-five cents per thousand
dollars of assessed value when authorized
so to do at a special election eonducted
in accordance with and subject to all the
requirements of the Constitution and laws
of the state now in force or hereafter
enacted governing the limitation of tax
levies. The board is hereby authorized to
call a special election for the purpose of
submitting to the qualified voters of the
park district a proposition to levy a tax
in excess of the seventy-five cents per
thousand dollars of assessed value herein
specifically authorized.
The manner of
submitting any such proposition, of certifying the same, and of giving or publishing notice thereof, shall be as provided
by law for the submission of propositions
by cities or towns.
The board shall
include in its general tax levy for each
year a sufficient sum to pay the interest
on all outstanding bonds and may include a
sufficient amount to create a sinking fund
for the redemption of all outstanding
bonds.
The levy shall be certified to the
proper county officials for collection the
same as other general taxes and when
collected, the general tax shall be placed
in a separate fund in the office of the
=ounty
treasurer to be known as the
"metropolitan park district fund" and paid
out on warrants. (1973 1st ex.s. c 195 §
25; 1965 c 7 § 35.61.210. Prior:
1951 c
179 § 1; prior:
(i)
1943 c 264 § 10,
282
]
UNFIT DWELLINGS, BUILDINGS AND STRUCTURES
35.80.030
-------------~----------------------------------------------------------------------part; Rem. supp.
1943 § 6741-10,
part;
prior:
1909 c 131 § 4; 1907 c 98 § 10;
RRS § 6729.
(ii) 1947 c 117 § 1;
1943 c
264 § 5; Rem. Supp. 1947 § 6741-5; prior:
1925 ex.s. c 97 § 1; 1907 c 98 § 5; RRS §
6724. )
.§~ll.9.bilit1=: Effeg,!J,!§ da,!~ .QnQ !fimi=
nni£n da te§=~stnction=.1.211 1.2! ~&.:.
g 195; See notes following RCW 84.52,043.
Chapter 35.63
PLANNING COMMISSIONS
REGION!~
35.63.070
RQINT~~!l=-PQWE!§~
Cross Reference:
commission as employer for retirement
system purposes: RCW 44.40.010.
Chapter 35.66
POLICE MATRONS
PERSONS UNDER ~ST-=~
For the purpose of effecting the main object of this chapter, no
member of one sex under arrest shall be
confined in the same cell or apartment of
the city jail or prison, with any member
of the other sex whatever.
[ 1973 1st
ex,s. c 154 § 53; 1965 c 7 § 35.66.050.
Prior: 1893 c 15 § 3; RRS § 9284.]
35.66.050
~~ ~ARTERS~
.§~~J.li,!y--1971 1§! ~2~ £ 154~
note following RCW 2.12.030.
See
Chapter 35.68
SIDEWALKS, GUTTERS, CURBS, AND
DRIVEWAYS--ALL CITIES AND TOWNS
£QR~
lQ~
fHYSI£!111
(1)
The standard
for construction of curbs on each side of
any city or town street, or any connecting
street or town road for
~hich
curbs and
siaewalks have been prescribed by the
governing body of the town or city having
jurisdiction thereover, shall be not less
than two ramps per lineal block on or near
the
crosswalks at intersections.
Such
ramps shall be at least thirty-six inches
wide
and so constructed as to allow
reasonable access to the crosswalk for
physically handicapped persons.
(2)
Standards set for curb ramping under subsection {1) of this section shall
not apply to any curb existing
upon
enactment of this section but shall apply
to all new curb construction and to all
replacement curbs constructed at any point
in a block which gives reasonable access
to a crosswalk. [1973 c 83 § 1.]
35.68.075
~DICAR£ED
gA~R.§
REQUIRED~
1973 RCW SUPP.
[
Chapter 35.80
UNFIT DWELLINGS, BUILDINGS AND STRUCTURES
35.80.030
~g~I§SIBb~ QRDIN!!f!§==!P( 1)
Whenever the local governing
body of a municipality finds that one or
more conditions of the character described
in RCW 35.80.010 exist within its territo•
rial limits, said governing body may adopt
ordinances relating to such dwellings,
buildings, or structures. Such ordinances
may provide for the following:
(a)
That an "improvement board" or officer be designated or appointed to exercise the powers assigned to such board or
officer by the ordinance as specified
herein.
Said board or officer may be an
existing municipal board or officer in the
municipality, or may be a separate board
or officer appointed solely for the purpose of exercising the powers assigned by
said ordinance.
If a board is created, the ordinance
shall specify the terms, method of appointment, and type of membership of said
board, which may be limited, if the local
governing body chooses, to public officers
as herein defined.
(b)
If a board is created, a public
officer, other than a member of
the
improvement board, may be designated to
work with the board and carry out the
duties and exercise the powers assigned to
said public officer by the ordinance.
(c)
That if, after a preliminary investigation of any dwelling, building, or
structure, the board or officer finds that
it is unfit for human habitation or other
use,
he shall cause to be served either
personally or by certified mail,
with
return receipt requested, upon all persons
having any interest therein, as shown upon
the records of the auditor's office of the
county in which such property is located,
and shall post in a conspicuous place on
such property, a complaint stating in what
respects
such
dwelling, building, or
structure is unfit for human habitation or
other use.
If the whereabouts of such
persons is unknown and the same cannot be
ascertained by the board or officer in the
exercise of reasunable diligence, and the
board or officer shall make an affidavit
to the effect, then the serving of such
complaint or order upon such persons may
be made by publishing the same once each
week for two consecutive weeks in a legal
newspaper published in the municipality in
which the property is located, or in the
absence of such legal newspaper, it shall
be posted in three public places in the
municipality in which
the
dwellings,
buildings,
or structures are located.
such complaint shall contain a notice that
a hearing will be held before the board or
officer, at a place therein fixed,
not
less than ten days nor more than thirty
days after the serving of said complaint;
or in the event of publication or posting,
not less than fifteen days nor more than
thirty days from the date of the first
~!b~
283 ]
35.80.030
CITIES AND TOWNS
--------------------------------------------------------------------------------------publication and posting; that all parties
in interest shall be given the right to
file an answer to the complaint, and to
appear in person,
or otherwise, and to
give testimony at the time and place fixed
in the complaint.
The rules of evidence
prevailing in courts of law or equity
shall
not be controlling in hearings
before the board or officer.
A copy of
such complaint shall also be filed with
the auditor of the county in which the
dwelling, building, or structure is located, and such filing of the complaint or
order shall have the same force and effect
as other lis pendens notices provided by
law.
(d)
That the board or officer may determine that a dwelling,
building, or
structure is unfit for human habitation or
other use if it finds that conditions
exist in such dwelling, building,
or
structure which are dangerous or injurious
to the health or safety of the occupants
of such dwelling, building, or structure,
the occupants of neighboring dwellings, or
other
residents of such municipality.
such conditions may include the following,
without limitations:
Defects therein increasing the hazards of fire or accident;
inadequate ventilation, light, or sanitary
facilities,
dilapidation,
disrepair,
structural defects, uncleanliness, overcrowding, or inadequate drainage.
The
ordinance shall state reasonable and m~n~­
mum standards covering such conditions,
including those contained in ordinances
adopted in accordance with subdivision (7)
(a)
herein,
to guide the board or the
public officer and the agents and employees of either, in determining the fitness
of a dwelling for human habitation,
or
building or structure for other use.
(e)
That the determination of whether a
dwelling, building, or structure should be
repaired or demolished, shall be based on
specific
stated standards on
(i)
the
degree of structural deterioration of the
dwelling,
building, or structure, or (ii)
the relationship that the estimated cost
of repair bears to the value of the
dwelling, building, or structure, with the
method of determining this value to be
specified in the ordinance.
(f)
That if, after the required hearing, the board or officer determines that
the dwelling is unfit for human habitation, or building or structure is unfit
for other use, it shall state in writing
its findings of fact in support of such
determination, and shall issue and cause
to be served upon the owner or party in
interest thereof, as is provided in subdivision
(1)
(c),
and shall post in a
conspicuous place on said property, an
order which
(i)
requires the owner or
party in interest, within the time specifie~ in the order, to
repair,
alter, or
improve such dwelling, building, or structure to render it fit for human habitation,
or for other use, or to vacate and
close the dwelling,
building, or structure,
if such course of action is deemed
[
proper on the basis of the standards set
forth as required in subdivision (1) (e);
or (ii) requires the owner or party in
interest, within the time specified on the
order, to remove or demolish such dwelling,
building,
or structure,
if this
course of action is deemed proper on the
basis of said standards. If no appeal is
filed, a copy of such order shall be filed
with the auditor of the county in which
the dwelling, building, or structure is
located.
(g)
The owner or any party in interest,
within
thirty days from the date of
service upon the owner and posting of an
order
issued by the board under the
provisions of subdivision
(c)
of this
subsection,
may
file an appeal with the
appeals commission.
The local governing body of the municipality shall designate or establish a
municipal agency to serve as the appeals
commission.
The local governing
body
shall also establish rules of procedure
adequate to assure a prompt and thorough
review of matters submitted to the appeals
commission, and such rules of procedure
shall include the following, without being
limited thereto:
(i)
All matters submitted to the appeals commission must be
resolved by the commission within sixty
days from the date of filing therewith and
(ii) a transcript of the findings of fact
of the appeals commission shall be made
available to the owner or other party in
interest upon demand.
The findings and orders of the appeals
commission shall be reported in the same
manner and shall bear the same legal
consequences as if issued by the board,
and shall be subject to review only in the
manner and to the extent provided in
subdivision (2) of this section.
If the owner or party in interest, following exhaustion of his rights to appeal,
fails to comply with the final order to
repair, alter, improve, vacate, close,
remove, or demolish the dwelling, building, or structure, the board or officer
ma~ direct or cause such dwelling, building, or structure to be repaired, altered,
improved, vacated, and closed, removed, or
demolished.
(h)
That the amount of the cost of such
repairs, alterations or improvements, or
vacating and closing, or removal or demolition by the board or officer, shall be
assessed against the real property upon
which such cost was incurred unless such
amount is previously paid. Upon certification to him by the treasurer of the
municipality in cases arising out of the
city or town or by the county improvement
board or officer, in cases arising out of
the county, of the assessment amount being
due and owing, the county treasurer shall
enter the amount of such assessment upon
the tax rolls against the property for the
current year and the same shall become a
part of the general taxes for that year to
be collected at the same time and with
interest at such rates and in such manner
284
J
35.94.040
SALE OR LEASE OF MUNICIPAL UTILITIES
--------------------------------------------------------------------------------------as provided for in RCW 84.56.020, as nov
or hereafter amended, for delinquent taxes, and when collected to be deposited to
the credit of the general fund of the
municipality. If the dwelling, building
or structure is removed or demolished by
the board or officer, the board or officer
shall, if possible, sell the materials of
such dwelling, building, or structure in
accordance with procedures set forth in
said ordinance, and shall credit
the
proceeds of such sale against the cost of
the removal or demolition and if there be
any balance remaining, it shall be paid to
the parties entitled thereto, as determined by the board or officer, after
deducting the cost incident thereto.
The demolition assessment shall constitute a lien against the property of equal
rank with state, county and municipal
taxes.
(2)
Any person affected by an order
issued by the appeals commission pursuant
to subdivision (1) (f) hereof may, within
thirty days after the posting and service
of the crder, petition to the superior
court for an injunction restraining the
public officer or members of the board
from carrying out the provisions of the
order.
In all such proceedings the court
is authorized to affirm, reverse,
or
modify the order and such trial shall be
heard de novo.
(3}
An ordinance adopted by the local
governing body of the municipality may
authorize the board or officer to exercise
such powers as may be necessary or convenient to carry out and effectuate the
purposes and provisions of this section.
These powers shall include the following
in addition to others herein granted:
(a)
(i)
To determine which dwellings within
the municipality are unfit for
human
habitation; (ii) to determine which buildings or structures are unfit for other
use; (b) to administer oaths and affirmations, examine witnesses and receive evi•
dence; and (c) to investigate the dwelling
and other use conditions in the municipality or county and to enter upon premises
for the purpose of making examinations
when the board or officer has reasonable
ground for believing they are unfit for
human habitation, or for other use:
PROVIDED, That such entries shall be made in
such manner as to cause the least possible
inconvenience to the persons in possession, and to obtain an order for this
purpose after submitting evidence in support of an application which is adequate
to justify such an order from a court of
competent jurisdiction in the event entry
is denied or resisted.
(4) The local governing body of any
municipality adopting an ordinance pursuant to this chapter may appropriate the
necessary
funds
to
administer
such
ordinance.
(5)
Nothing in this section shall be
construed to abrogate or impair the powers
of the courts or of any department of any
municipality to enforce any provisions of
197 3 RCW SUPP.
its charter or its ordinances or regulations, nor to prevent or punish violations
thereof; and the powers conferred by this
section shall be in addition and supplemental to the powers conferred by any
other law.
(6)
Nothing in this section shall be
construed to impair or limit in any way
the power of the municipality to define
and declare nuisances and to cause their
removal or abatement, by summary proceedings or otherwise.
(7)
Any municipality may (by ordinance
adopted by its governing body) (a) prescribe minimum standards for the use and
occupancy
of dwellings throughout the
municipality, or county,
(b)
prescribe
minimum standards for the use or occupancy
of any building or structure ~sed for any
other purpose,
(c)
prevent the use or
occupancy of any dwelling, building, or
structure,
which is injurious to the
public health, safety, morals, or welfare,
and
(d)
prescribe punishment for the
violation of any provision of such ordinance.
(1973 1st ex.s. c 144 § 1; 1969
ex.s. c 127 § 3; 1967 c 111 § 3; 1965 c 7
§ 35.80.030.
Prior:
1959 c 82 § 3.]
Chapter 35.82
HOUSING AUTHORITIES LAW
35.82.285
QBOUf
HOUSES FOR RELEASED
HOME2
QB
HALFli!!
OR Q~YELOf=
ME~IALLY DISA~LED.--Housing authorities of
first class counties created under this
chapter may establish and operate group
homes or halfway houses to serve juveniles
released from state juvenile or correctional
institutions, or to serve the
developmentally disabled as defined in 42
u.s.c. 2670, 85 stat. 1316. such authori~
ties may contract for the operation of
facilities so established, with qualified
nonprofit organizations as agent of the
authority.
Action under this section shall be taken
by the authority only after a public
hearing as provided by chapter 42.30 RCW.
In exercising this power the authority
shall not be empowered to acquire property
by eminent domain, and the facilities
established shall comply with all zoning,
building, fire, and health regulations and
procedures applicable in the locality.
[1973 1st ex.s. c 198 § 2.]
~UVEN11]2
Effective date--1973 1st ex.s.
seenote"fouoWingacw 1J:o6
.oso:-
£
12~~
Chapter 35.94
SALE OR LEASE OF MUNICIPAL UTILITIES
35.94.040
LEAS] QB 2!1] OF LAND QR
PROPERTY ORIGINALLY !£2UIB~Q FOR PUBLIC
UTILI!! fURfQSES~ Whenever a city-shall
determine, by resolution of its legislative authority, that any lands, property,
[ 285 ]
35.94.040
CITIES AND TOWNS
-------------------------------------------------------or equipment originally acquired for public utility purposes is surplus to the
city's needs and is not required for
providing continued public utility service, then such legislative authority by
resolution and after a public hearing may
cause such lands, property, or equipment
to be leased, sold, or conveyed.
Such
resolution shall state the fair market
value or the rent or consideration to be
paid and such other terms and conditions
for such disposition as the legislative
authority deems to be in the best public
interest.
The provisions of RCW 35.94.020 and 35.94.030 shall not apply to dispositions
authorized by this section.
(1973 1st
ex.s. c 95 § 1.)
TITLE 35A
OPTIONAL MUNICIPAL CODE
Chapter 35A. 11
LAWS GOVERNING NONCHARTER CODE CITIES AND
CHARTER CODE CITIES--POWERS
35A.11.080
INITIATIVE AND REFERENDUM-ELECTION TO EXERCISE::RESTRICTION-OR-ABAN:
DONMENT. --The--qualified-electorsnoncharter code city may exercise the
powers of initiative and referendum, upon
electing so to do in the
manner provided
for changing the classification of a city
or town in RCW 35A.02.020, 35A.02.025,
35!.02.030, and 35!.02.035, as now or
hereafter amended.
The exercise of such powers may be restricted or abandoned upon electing so to
do in the manner provided for abandoning
the plan of government of a noncharter
code city in RCW 35A.06.030, 35A.06.040,
35A.06.050, and 35A.06.060, as now or
hereafter amended.
(1973 1st ex.s. c 81 §
ora
1•
Sections added, amended, or repealed:
£ha.E!~
1.2L.11
La.!!.§ Governing lfQl!£.hgrter
fha£!§.£ fode Cit-
Citi~ ,and
j,es-Powe~.:..
£ode
35!.11.080 Initiative and referendum-Election to exercise--Restriction or abandonment.
35A.11.090 Initiative and referendum-Effective date of ordinancesExceptions.
35!.11.100 Initiative and referendum--Exercise of powers.
fhaJ?t~ 1.2!.:..1~
!!!l!§.!nio.n l!Y fQQ§ Cities.:.
35!.14.220 When review procedure may be
dispensed with.
35A.31.070 Tax levy for fund.
fhart~ }5A.:..J.1
Budge!§
!.!! fode flli§-2.:..
35A.33.060 Budget-Notice of hearing on
final.
35!.33.145 Contingency fund--Creation.
fhaJ?t§.£ 1.2h.!!..Q £:isg.l PrQvisio.n-2 ~lise.:
12.1§ !Q ~ fi!~-2.:..
35!.40.030 Fiscal--Depositaries.
35!.40.090 Limitation on indebtedness.
{Effective until January 1,
19 74.)
35!.40.090 Limitation on indebtedness. (Amendment effective January 1,
1974.)
Cross References:
Gambling activities, cities and towns,
as affecting:
Chapter 9.46 RCW.
Pollution control--Municipal bonding authority: Chapter 70.95A RCW.
J
35!.11.090
INI!IATIV~ ANQ REF~RE!fDU~==
EFFECTI!] Q!TE OF ORDINANCES--EXCEPTIONS.
ordinances of -nonchartercode citi'es:the
qualified electors of which have elected
to exercise the powers of initiative and
referendum shall not go into effect before
thirty days from the time of final passage
and are subject to referendum during the
interim except:
(1)
Ordinances initiated by petition;
(2)
Ordinances necessary for immediate
preservation of public peace, health, and
safety or for the support of city government and its existing public institutions
which contain a s~atement of urgency and
are passed by unanimous vote of
the
council;
(3)
Ordinances providing for local improvement districts;
(4)
Ordinances appropriating money;
(5)
Ordinances providing for or approving collective bargaining;
(6)
Ordinances providing for the compensation of or working conditions of city
employees; and
(7)
Ordinances authorizing or repealing
the levy of taxes; which excepted ordinances shall go into effect as provided by
the general law or by applicable sections
of Title 35A RCW as now or hereafter
amended.
(1973 1st ex.s. c 81 § 2.)
35A.11.100
INITIATIVE AND REFERENDUM-EXIDifiSE Q! fQURS~Except-asprovidedin
RCW 35A.11.090, and except that the number
of registered voters needed to sign a
petition for initiative or
referendum
shall be fifteen
percent of the total
number of names of persons listed as
registered voters within the city on the
day of the last preceding city general
election, the powers of initiative and
referendum in noncharter code cities shall
be exercised in the manner set forth for
the commission form of government in RCW
35.17.240 through 35.17.360, as now or
[ 286 ]
35A.33.145
BUDGETS IN CODE CITIES
-------------------------~----------------------------------------------------------
hereafter amended.
3. ]
[1973 1st ex.s. c 81 §
are fully paid. (1973 1st ex.s. c
195
27; 1967 ex.s. c 119 § 35A.31.070. 1
§
Chapter 35A. 14
ANNEXATION BY CODE CITIES
35A.14.220
WH~~
~EW
f~Q~~DUR~ ~!
BE DISPENSED WITH. Annexations under the
provisions--o~w 35A.14.295, 35A.14.297,
35!.14.300, and 35A.14.310 shall not be
subject to review by the anne~ation review
board: PROVIDED, That in class AA, class
A and first class counties in which a
boundary review board is established under
chapter 36.93 RCW all annexations shall be
subject to review except as provided for
in RCW 36.93.110. When the area proposed
for annexation in a petition or resolution, initiated and filed under any of the
methods of initiating annexation authorized by this chapter, is less than fifty
acres or less than two million dollars in
assessed
valuation,
review procedures
shall not be required as to such annexation
proposal, except as provided in
chapter 36.93 RCW in those counties with a
review board established pursuant to chapter 36.93 RCW:
PROVIDED, That when an
annexation proposal is initiated by the
direct petition method authorized by section 35!.14.120, review procedures shall
not be required without regard to acreage
or assessed valuation, except as provided
in chapter 36.93 RCW in those counties
with a boundary review board established
pursuant to chapter 36.93 RCW. [ 1973 1st
ex.s. c 195 § 26;
1967 ex.s. c 119 §
35A.14.220.]
~~~ability--Effe£ti~ da!~§ ~g !ermi=
natio.n da tes~.Ql!St£!!£!.i£.!!--197 3 .1§1 ~..:.§.:.
£ 195~ See notes following RCW 84.52.043.
Chapter 35A. 31
ACCIDENT CLAIMS AND FUNDS
35A.31.070
TA1 1EVJ FOR FU~
The
legislative body of the code city, after
the drawing of warrants against the accident
fund,
shall estimate the amount
necessary to pay the warrant with accrued
interest thereon and may appropriate and
transfer money from the contingency fund
sufficient therefor,
or if there is not
sufficient money in the contingency fund
the legislative body shall levy a tax
sufficient to pay all or such unpaid
portion of any judgment not exceeding
seventy-five cents per thousand dollars of
assessed value.
If a single levy of
seventy-five cents per thousand dollars of
assessed value is not sufficient, and if
other moneys are not available therefor,
an annual levy of seventy-five cents per
thousand dollats of assessed value shall
be made until the warrants and interest
1973 RCW SUPP.
Chapter 35A. 33
BUDGETS IN CODE CITIES
35A.33.060
BUDGET--NOTICE OF HEARING
oN FIN!1~ rmmediateiy~olio;ing-the-~Il­
ing of the preliminary budget with the
clerk, the clerk shall publish a notice
once each week for two consecutive weeks
stating that the preliminary budget for
the ensuing fiscal year has been filed
with the clerk, that a copy thereof will
be furnished to any taxpayer who will call
at the clerk's office therefor and that
the legislative body of the city will meet
on or before the first Monday of the month
next preceding the beginning of the ensuing fiscal year for the purpose of fixing
the final budget, designating the date,
time and place of the legislative budget
meeting and that any taxpayer may appear
thereat and be heard for or against any
part of the budget.
The publication of
such notice shall be made in the official
newspaper of the city if there is one,
otherwise in a newspaper of general circulation in the city or if there be no
newspaper of general circulation in the
city, then by posting in three public
places fixed by ordinance as the official
places for posting the city's official
notices. [1973 c 67 § 1; 1967 ex.s. c 119
§ 35A.33.060.]
35A.33.145
~ONTINGE~CY l]!~~REATIQ~
Every code city may create and maintain a
contingency fund to provide moneys with
which to meet any municipal expense, the
necessity or extent of which could not
have been foreseen or reasonably evaluated
at the time of adopting the annual budget,
or from which to provide moneys for those
emergencies described in RcW 35A.33.080
and 35A.33.090. such fund may be supported
by a budget appropriation from any tax or
other revenue source not restricted in use
by law, or also may be supported by a
transfer from other unexpended or decreased funds made available by ordinance
as set forth in RCW 35A.33.120: PROVIDED,
That the total amount accumulated in such
fund at any time shall not exceed the
equivalent of thirty-seven and one-half
cents per thousand dollars of assessed
valuation of property within the city at
such time.
Any moneys in the contingency
fund at the end of the fiscal year shall
not lapse except upon reappropriation by
the council to another fund in the adoption of a subsequent budget. ( 1973 1st
ex.s. c 195 § 28;
1967 ex.s. c
119 §
35A.33.145.]
[ 287 1
351.33.11+5
OPTIONAL MUNICIPAL CODE
-------------------------------------------------------------------------------~~m;:abili;ty....,.-Effec_iive da_i~§ and _iermi;:
g,a!io.n £_ates-Constnction==.1973 1st ~
£ ~~ See notes following RCW 84.52.043.
Chapter 35A.40
FISCAL PROVISIONS APPLICABLE
TO CODE CITIES
35A.40.030
FISCAL--DEPOSITARIES.
The
legislative bcdy-of-a~;--city;~t the
end of each fiscal year, or at such other
times as the legislative body may direct,
shall designate one or more banks in the
county wherein the code city is located as
depositary or depositaries of the moneys
required to be kept by the code city
treasurer or other officer performing the
duties commonly performed by the treasurer
of a code city: PROVIDED, That where any
~ank has been designated as
a depositary
hereunder such designation shall continue
in force until revoked by a majority vote
of the legislative body of such code city.
The provisions relating to depositaries,
contained in chapter 39.58 RCW, as now or
hereafter amended, are hereby recognized
as applicable to code cities and to the
depositaries designated by them. [1973 c
126 § 4; 1967 ex.s. c 119 § 351.40.030.]
chapter 39.36 RCW and subject to the
prov1s1ons of this chapter and shall have
the authority and be subject to
the
constitutional and/or statutory limita~
tions relating to levy of taxes.
The term
"value of the taxable property" shall have
the meaning set forth in RCW 39.36.015.
( 19 7 3 1 st ex. s • c 19 5 § 2 9; 19 7 0 ex. s. c
42 § 16; 1967 ex.s. c 119 § 35!.40.090.]
~gverabili!Y==Effecti!~ £s~§
~!i2.!l dates--Co~uction--1973
£ 195;
35A.40.090
LIMITA!!QB ON INDEBTEDNESS.
.J~NUARY -IL ll1hl
No
code city shall 1ncur an indebtedness
exceeding three-fourths of one percent of
the value of the taxable property in such
city without the assent of three-fifths of
the voters therein voting at an election
to be held for that purpose nor, with such
assent, to exceed two and one-half percent
of the value of the taxable property
therein except as otherwise provided in
chapter 39.36 RCW and subject to the
provisions of this chapter and shall have
the authority and be subject to
the
limitations provided in RCW 84.52.050 and
84.52.042 relating to levy of taxes within
the twenty mill limit. The term "value of
the taxable property" shall have
the
meaning set forth in RCW 39.36.015. (1973
1 st ex. s. c 19 5 § 1 4 1 ; 19 7 0 ex. s. c
42 §
16; 1967 ex.s. c 119 § 35A.40.090.]
~everq,bilitl:: E_llecti~ ~§ ~nd
~~tes--ConstructiQg=-1973
,natiog
£ 195~
j:ermi-
121
TITLE 36
COUNTIES
Sections added, amended, or repealed:
Ch~_eter
1§..:.12.
36.16.032
~h!.E~£
£Q.!!nty
ot;ice~=li~~lli
Offices of auditor and clerk
may be combined in eighth class
counties--Salary.
1§..:..11
.Qi
~algies
~Q!!!!!.Y
Offk.
~
Ch!..QU£
Schedule of salaries.
36~1~
36.18.020
36.21.011
36.23.070
See notes following RCW 84.52.043.
~~
Chapt~
[ 288 ]
~.Q.!!&Y
Auditor.
~.Q.!!&.Y ~J,gL
~£Q~£!!Q.ns !llQ.il~.L.
Private
certain
cutors.
.January
36.28
36.28.100
~.Q.!!.D!.Y !§~§§2!:.:.
Destruction and reproduction of
court records--Destruction of
receipts for expenses under
probate proceedings.
Destruction of court exhibits-Preservation for historical
purposes.
Chapte£ 36.21
36.27.060
~.Q.Ynty Offi~f~
warrants of political
subdivisions.
Chg_Eter 36 ·11
36.23.065
of
Assessor may appoint deputies
and engage expert appraisers-Employment and classification
plans for appraisers.
Ch~ptef ~£
36.22.090
l~
Clerk's fees.
~U£ l§.~.ll
~~
35A.40.090
LIMITATION ON INDEBTEDNESS.
JM.IDU!l!]!l ]ll]CT.HJ !UNUARY h 1974.tNo
code city shall incur an indebtedness
exceeding three-fourths of one percent of
the value of the taxable property in such
city without the assent of three-fifths of
the voters therein voting at an election
to be held for that purpose nor, with such
assent, to exceed two and one-half percent
of the value of the taxable pro~erty
therein except as otherwise pr~vided in
.i~mi=
jst ex.s~
See notes following RCW 84.52.043.
36.17.020
jEFFE£ll!~ UNl!1
sng
practice prohibited in
counties--Deputy prose(Amendment effective
13, 1975.)
£.Q.!!nti
Emp~oyment
36.29
~qe;:iff,
of prisoners.
~gynt.v T~easur@r.
DIGEST OF TITLE
36.29.015
36.29.020
Treasurer's report on property
tax revenue and budget expenditures of units of local
government.
custodian of moneys--Investment
of funds not reguired for immediate expenditures, service
fee.
c h_g£1~ 3 6...n
36.32.350
36.33.060
36.33.065
36.33.140
36.33.220
36.33.220
~Q.Yl!.U ~2!!!.!!!.12§.!2~~
TITLE 36
36.48.010
36.48.020
36.48.080
36.48.090
ChS£!~! 1.§~.2}1
Coordination of county administrative programs---Coordinating
agency--Agency reimbursement.
Salary fund--Reimbursement.
Claims fund--Reimbursement.
County lands assessment fund
created--Amount of levy.
County road millage funds, expenditure for services authorized. (Effective until January
1, 1974.)
County road millage funds, expenditure for services authorized.
(Amendment effective
January 1, 1974.)
Feg:y
36.34
36.34.005
County
~ha,E!g lh~Q
36.40.040
36.40.090
36.40.100
~udget~
36.62.090
Tax levy for maintenance.
Ch_g£te!
~~~
.far}c§ _gnd
cili ties.
36.68.480
36.68.520
36.68.610
36.69.140
36.70.320
!t~m.sii.Q!!al
f.s=
Election procedure--Formation-Special levy or bond issue.
Tax levies and bond issues.
Area which may be included-Inclusion of area within city
or town--Procedure.
Enlargement by inclusion of additional area--Procedure.
Special levies authorized-Bonds.
fhg£ter 36.7Q
Preliminary budget prepared by
auditor.
Taxes to be levied.
Budget constitutes appropriations--Transfers--Supplemental
appropriations.
Costs of county revaluation
program to be shared by all
local taxing districts--Duties
of county treasurer.
costs of county revaluation
program to be shared by all
local taxing districts--Duties
of county treasurer.
(Amendment effective January 1,
1974 .)
Q.!B ed=
Ferry districts authorized-Procedure--Powers.
giQE~Y~
Establishment of comprehensive
procedures for management of
county property authorized--Exemption from chapter.
f~ri~=£2.lll!!Y
11.i§!ri£!§~
36.54.080
36.68.620
ChaEt~!
Depositaries to be designated
by treasurer.
Segregation of eligible
securities.
County clerk's funds may be
deposited.
County clerk's funds may be
deposited--Clerk's trust fund
created.
gla!!!!ing Enablillil
Act~
Comprehensive plan.
Chg£tef 36.72
gri.!!!.ing.
36.40.300
36.45.030
36.82.040
General tax levy for road
fund--Exception.
Control of property.
Fair commission abolished-Rights, duties and obligations
devolved upon Lewis county commissioners--Property vested in
Lewis county.
Administrators--organization of
commission--Funds.
Fair deemed county and district
fair and agricultural fair.
Acquisition, improvement, control of property.
Agent may manage property.
Time for commencement of
action.
~haEt~! 1.§~.!!1
tive
36.47.040
Procedure where county has no
newspaper--Advertisement for
proposals for printing.
36.90.010
36.90.020
36.40.300
36.72.050
~oordinati.QB
,f!:.QSI~ms~
of ,gminj,stg=
36.90.040
State association of county officials may be coordinating
agency--Reimbursement for costs
and expenses.
1973 RCW SUPP.
36.90.030
( 289
36.90.050
36.90.060
]
TITLE 36
COUNTIES
----------------------------------------36.90.070
~hagt~£
Lo~l Governmental 9£SSBi=
~aii2!\=I!Q!!ndg_r ie~yi~w Board~
}6.9}
36.93.110
~ba~~
Conveyance of property to Lewis
county for fair purposes.
When review not necessary.
36.95
Television
~rovement
36.95.170
~ceE!iQn
I!e
Distric!~
District board--Bonding of
members.
Cross References:
county alcoholism administrative board:
RCW 70.96.160.
Gambling activities, counties as affecting: Chapter 9.46 RCW.
Pollution control--Municipal bonding au~
thority: Chapter 70.95A RCW.
Special adult superv~s~on programs, reimbursement for costs: Chapter 9.95A RCW.
Chapter 36.01
GENERAL PROVISIONS
Cross Reference:
county alcoholism administrative
RCW 70.96.160.
board:
Chapter 36.16
COUNTY OFFICERS--GENERAL
36.16.032
Q1!1~~ Qf !QR!IQ~ AND CLER~
11!1 :!!~ CO.@I!iru;! Ili liGHTtJ CLASS fQID!IIES~
§ALAR~
The office of county auditor may
be combined with the office of county
clerk in counties of the eighth class by
unanimous resolution of the board
of
county commissioners passed thirty days or
more prior to the first day of filing for
the primary election for county offices.
The salary of such office of county clerk
combined with the office cf county auditor
shall be nine thousand
four
hundred
dollars.
Beginning January 1, 1974, the salary of
such office shall be ten thousand three
hundred dcllars. The county legislative
authority of such county is authorized to
increase or decrease the salary of such
office:
PROVIDED, That the legislative
authority of the county shall not reduce
the salary of any official below the
amount which such official vas receiving
on January 1, 1973. (1973 1st ex.s. c 88
§ 1; 1972 ex.s. c 97 § 1; 1967 ex.s. c 77
§ 1; 1963 c 164 § 2; 1963 c 4 § 36.16.032.
Prior: 1957 c 219 § 4.]
Chapter 36 • 17
SALARIES OF COUNTY OFFICERS
36.17.020
,§£J:!M!ZY. Qf SAbti!ES..!.. (1)
The salaries of the following
county
officers of class A counties and counties
of the first, second, third,
fourth,
fifth, sixth, seventh, eighth and ninth
classes, as determined by the last preceding federal census, or as may be determined under
the
provisions
of
RCW
36.13.020 to 36.13.075, inclusive, shall
be per annum respectively as follows:
Class A counties:
Auditor, sixteen
thousand dollars; clerk, sixteen thousand
dollars; treasurer, sixteen thousand dollars; sheriff, seventeen thousand seven
hundred dollars; assessor, sixteen thousand dollars; prosecuting attorney, twenty-two
thousand five hundred dollars;
members of board of county commissioners,
seventeen thousand seven hundred dollars;
coroner, fifteen thousand dollars;
counties of the first class: Auditor,
fourteen thousand five hundred dollars;
clerk,
fourteen thousand five hundred
dollars; treasurer, fourteen thousand five
hundred dollars; sheriff, sixteen thousand
dollars; assessor, fourteen thousand five
hundred
dollars; prosecuting attorney,
twenty-two thousand five hundred dollars;
members of board of county commissioners,
sixteen thousand dollars; coroner, eight
thousand dollars;
counties of the second class:
Auditor,
thirteen thousand five hundred dollars;
clerk, thirteen thousand five
hundred
dollars; treasurer, thirteen thousand five
hundred dollars; sheriff, thirteen thousand five hundred fifty dollars; assessor,
thirteen thousand five hundred dollars;
prosecuting attorney, twenty-one thousand
five hundred dollars; members of board of
county commissioners, thirteen thousand
five hundred dollars; coroner, five thousand dollars;
counties of the third class:
Auditor,
twelve
thousand five hundred dollars;
clerk, twelve thousand five hundred dol~
lars;
treasurer, twelve thousand five
hundred dollars; assessor, twelve thousand
five
hundred dollars; sheriff, twelve
thousand five hundred dollars; prosecuting
attorney, twenty-one thousand five hundred
dollars; members of the board of county
commissioners, twelve thousand five hundred dollars; coroner, three thousand six
hundred dollars;
counties of the fourth class:
Auditor,
eleven thousand dollars; clerk, eleven
thousand dollars; treasurer, eleven thousand dollars; assessor, eleven thousand
dollars; sheriff, eleven thousand dollars;
prosecuting attorney, in such a county in
which there is no state university, thirteen thousand dollars; prosecuting attorney, in such a county in which there is a
state university or college, fifteen thousand dollars; members of the board of
county
commissioners,
ten
thousand
dollars;
[ 290 ]
SALARIES OF COUNTY OFFICERS
36.17.020
--------------------------------------------------------------------------------------Class A counties:
Auditor, seventeen
thousand six hundred dollars; clerk, seventeen thousand six hundred dollars; treasurer,
seventeen thousand six hundred
dollars; sheriff, nineteen thousand five
hundred dollars; assessor, seventeen thousand six hundred dollars;
prosecuting
attorney, twenty-four thousand eight hundred dollars; members of board of county
commissioners, nineteen thousand five hun•
dred dollars;
coroner, sixteen thousand
five hundred dollars;
counties of the first class:
Auditor,
sixteen thousand dollars; clerk, sixteen
thousand dollars;
treasurer,
sixteen
thousand dollars; sheriff, seventeen thousand six hundred dollars; assessor,
sixteen
thousand
dollars;
prosecuting
attorney, twenty-four thousand eight hundred dollars;
members of board of county
commissioners, seventeen thousand six hundred
dollars; coroner, eight thousand
eight hundred dollars;
counties of the second class:
Auditor,
fourteen thousand nine hundred dollars;
clerk,
fourteen thousand nine hundred
dollars; treasurer, fourteen thousand nine
hundred dollars; assessor, fourteen thousand nine hundred dollars; sheriff, fourteen
thousand
nine
hundred dollars;
prosecuting attorney, twenty-three thousand seven hundred dollars; members of the
board of county commissioners,
fourteen
thousand nine hundred dollars; coroner,
five thousand five hundred dollars;
counties of the third class:
Auditor,
thirteen thousand eight hundred dollars;
clerk,
thirteen thousand eight hundred
dollars; treasurer,
thirteen
thousand
eight hundred dollars; assessor, thirteen
thousand eight hundred dollars;
sheriff,
thirteen thousand eight hundred dollars;
prosecuting attorney, twenty-three thousand seven hundred dollars; members of the
board of county commissioners,
thirteen
thousand eight hundred dollars; coroner,
four thousand dollars;
counties of the fourth class:
Auditor,
twelve thousand one
hundred
dollars;
clerk,
twelve thousand one hundred dollars; treasurer, twelve thousand one hundred dollars; sheriff, twelve thousand one
hundred dollars; assessor, twelve thousand
one hundred dollars; prosecuting attorney
in such a county in which there is no
state
university or college,
fourteen
thousand three hundred dollars; in such a
county in which there is a state university or college,
sixteen thousand
five
hundred dollars; members of the board of
county commissioners,
eleven
thousand
dollars;
counties of the fifth class:
Auditor,
ten thousand one hundred dollars; clerk,
ten thousand one hundred dollars; treasurer, ten thousand one hundred dollars;
assessor, ten thousand one hundred dollars; sheriff, eleven thousand two hundred
dollars;
prosecuting attorney,
thirteen
thousand two hundred dollars; members of
the board of county commissioners,
nine
thousand four hundred dollars;
counties of the fifth class:
Auditor,
nine thousand one hundred fifty dollars;
clerk, nine thousand one hundred fifty
dollars;
treasurer,
nine thousand one
hundred fifty dollars; sheriff, ten thou•
sand two hundred dollars; assessor, nine
thousand one hundred fifty dollars; prosecuting attorney, twelve thousand dollars;
members of the board of county commissioners, eight thousand five hundred dollars;
counties of the sixth class:
Auditor,
nine thousand one hundred fifty dollars;
clerk, nine thousand one hundred fifty
dollars;
treasurer,
nine thousand one
hundred fifty dollars; assessor,
nine
thousand one hundred fifty dollars; sheriff, ten thousand two hundred dollars;
prosecuting attorney,
nine thousand dollars; members of the board of county
commissioners, six thousand four hundred
dollars;
counties of the seventh class:
Auditor,
eight thousand three hundred
dollars;
clerk, eight thousand three hundred dollars; treasurer,
eight thousand
three
hundred dollars; assessor, eight thousand
three hundred dollars; sheriff, nine thousand five hundred dollars;
prosecuting
attorney, nine thousand dollars;
members
of the board of county commissioners, five
thousand nine hundred fifty dollars;
Counties of the eighth class:
Auditor,
eight thousand three hundred
dollars;
clerk, eight thousand three hundred dollars; treasurer,
eight thousand
three
hundred dollars; assessor, eight thousand
three hundred dollars; sheriff, nine thousand five hundred dollars;
prosecuting
attorney, nine thousand dollars;
members
of board of county commissioners, five
thousand nine hundred fifty dollars;
counties of the ninth class:
Auditorclerk, seven thousand four hund~ed fifty
dollars;
sheriff,
eight thousand five
hundred dollars; treasurer-assessor, seven
thousand four hundred fifty dollars; prosecuting attorney, nine thousand dollars;
members of the board of county commissioners, five thousand five hundred dollars.
(2)
The
salaries
of the following
county officers in counties with a population over five hundred thousand shall be
per annum respectively as follows:
Auditor, clerk, treasurer, sheriff, members of
board of county commissioners,
coroners,
eighteen thousand dollars; assessor, nineteen thousand dollars; and prosecuting
attorney,
twenty-seven thousand five hundred dollars.
Beginning January 1, 1974:
The salaries of the following county
officers of class AA and A counties and
counties of the first,
second, third,
fourth,
fifth, sixth, seventh, eighth and
ninth classes, as determined by the last
preceding federal census, or as may be
determined under the provisions of RCW
36.13.020 to 36.13.075, inclusive, shall
be per annum respectively as follows:
Class AA counties:
Prosecuting attorney,
thirty
thousand
three
hundred
dollars;
1973 RCW SUPP.
(
291
]
36. 17.020
COUNTIES
-------------------------------------
------------------
Counties of the sixth class:
Auditor,
ten thousand one hundred dollars; clerk,
ten thousand one hundred dollars; treasurer,
ten thousand one hundred dollars;
assessor, ten thousand one hundred dollars; sheriff, eleven thousand two hundred
dollars; prosecuting attorney, nine thousand nine hundred dollars; members of the
board of county commissioners, seven thousand dollars;
Counties of the seventh class: Auditor,
nine thousand one hundred dollars; clerk,
nine thousand one hundred dollars; treasurer, nine thousand one hundred dollars;
assessor, nine thousand one hundred dollars;
sheriff, ten thousand five hundred
dollars; prosecuting attorney, nine thousand nine hundred dollars;
members of
board of county commissioners,
six thousand five hundred dollars;
counties of the eighth class:
Auditor,
nine thousand one hundred dollars; clerk,
nine thousand one hundred dollars;
treasurer, nine thousand one hundred dollars;
sheriff, ten thousand five hundred dollars; assessor, nine thousand one hundred
dollars; prosecuting attorney, nine thousand nine hundred dollars; members of the
board of county commissioners,
six thousand five hundred dollars;
Counties of the ninth class:
Auditorclerk, eight thousand two hundred dollars;
treasurer-assessor,
eight thousand
two
hundred dollars; sheriff, nine thousand
four hundred dollars;
prosecuting attorney, nine thousand nine hundred dollars;
members of the board of county commissioners, six thousand one hundred dollars.
The county legislative authority of such
county is authorized to increase or decrease the salary of such office: PROVIDED, That the legislative authority of the
county shall not reduce the salary of any
official
below the amount which such
official was receiving on January 1, 1973.
One-half of the salary of each prosecuting attorney shall be paid by the state.
( 1973 1st ex. s. c 88 § 2; 1971 ex .s. c 237
§ 1; 1969 ex.s. c 226 § 1; 1967 ex.s. c 77
§ 2; 1967 c 218 § 3; 1963 c 164 § 1; 1963
c 4 § 36.17.020. Prior:
1957 c 219 § 3;
prior:
,(i)
1953 c 264 § 1; 1949 c 200 §
1, part; 1945 c 87 § 1, part; 1937 c 197 §
3, part; 1933 c 136 § 6, part; 1925 ex.s.
c 148 § 6, part; 1919 c
168 § 2,
part;
Rem.
Supp.
1949 § 4200-5a, part.
{ii)
1921 c 184 § 2; RRS § 4203.]
Chapter 36,18
FEES OF COUNTY OFFICERS
36,18.020
CLERK'S FEES. Clerks of superior courts-shalr-collect the following
fees for their official services:
(1)
The party filing the first or initial paper in any civil action,
including
an action for restitution, or change of
name, shall pay, at the time said paper is
filed, a fee of thirty-two dollars.
( 292
(2)
Any party filing the first or initial paper on an appeal from justice court
or on any civil appeal, shall pay, when
said paper is filed, a fee of thirty-two
dollars.
(3)
The party filing a transcript or
abstract of judgment or verdict from a
united States court held in this state, or
from the superior court of another county
or from a justice court in the county of
issuance, shall pay at the time of filing,
a fee of five dollars.
(4)
For the filing of a tax warrant by
the department of revenue of the state of
washington, a fee of five dollars shall be
paid.
(5)
The party filing a demand for jury
of six ~n a civil action, shall pay, at
the time of filing, a fee of twenty-five
dollars;
if the demand is for a jury of
twelve the fee shall be fifty dollars.
If, after the party files a demand for a
jury of six and pays the required fee, any
other party to the action requests a jury
of twelve, an additional twenty-five dol~
lar fee will be required of the party
demanding the increased number of jurors.
In the event that the case is settled out
of court and the court is notified not
less than twenty-four hours prior to the
time that such case is called to be heard
upon trial, such fee shall be returned to
such party by the clerk.
(6)
For filing any paper, not related
to or a part of any proceeding, civil or
criminal, or any probate matter, required
or permitted to be filed in his office for
which no other charge is provided by law,
the clerk shall collect two dollars.
(7)
For preparing, transcribing or certifying any instrument t>n file or of
record in his office,
with or without
seal, for the first
page or
portion
thereof,
a fee of two dollars, and for
each additional page or portion thereof, a
fee of one dollar. For authenticating or
exemplifying any instrument, a fee of one
dollar for each additional seal affixed.
(8)
For executing a certificate, with
or without a seal, a fee of two dollars
shall be charged.
(9)
For the filing of an affidavit, for
garnishment, a fee of five dollars shall
be charged.
(10)
For approving a
bond, including
justification thereon, in other than civil
actions and probate proceedings, a fee of
two dollars shall be charged.
(11)
In probate proceedings, the party
instituting such proceedings, shall pay at
the time of filing the first paper therein, a fee of thirty-two dollars: PROVIDED,
HOWEVER, A fee of two dollars shall be
charged for filing a will only, when no
probate of the will is contemplated,
(12)
For filing any petition to contest
a will admitted to probate or a petition
to admit a will which has been rejected,
there shall be paid a fee of thirty-two
dollars.
(13)
For the issuance of each certificate of qualification and each certified
)
36.22.090
COUNTY AUDITOR
--------------------------------------------------------------------------------------copy of letters of administration, letters
testamentary or letters of guardianshiF
there shall be a fee of two dollars.
(14)
For the preparation of a passport
ap~lication there shall be a
fee of two
dollars.
(15)
Upon conviction or plea of guilty
or upon failure to prosecute his appeal
from a lower court as PfOVided by law, a
defendant in a criminal case shall be
liable for a fee of thirty-two dollars.
(16)
With the exception of demands for
jury hereafter mad~ and garnishments hereafter issued, civil actions and probate
proceedings filed prior to midnight, July
1, 1972, shall be completed and governed
by the fee schedule in effect as of
January
1,
1972: PROVIDED, That no fee
shall be assessed if an order of dismissal
on the clerk's record be filed as provided
by rule of the supreme court. [1973 c 16
§ 1; 1973 c 38 § 1. Prior:
1972 ex.s. c
57 § 5; 1972 ex.s. c 20 § 1; 1970 ex.s. c
32 § 1; 1967 c 26 § 9; 1963 c 4 §
36.18.020; prior:
1961 c 304 § 1; 1961 c
41 § 1; 1951 c 51 § 5; 19C7 c 56 § 1,
part, p 89; 1903 c 151 § 1, part, p 294;
1893 c 130 § 1, part, p 421; Code 1881 §
2086, part, p 355; 1869 p 364 § 1, part;
1863 p 391 § 1, part; 1861 p 34 § 1, part;
1854 p 368 § 1, part; RR5 § 497, part.]
Chapter 36.21
COUNTY ASSESSOR
36.21.011
~§Q£
~!1
!gPOINT DEPU~
.Ill§ AND EN§!§] EXPER,I APg£!,!§]RS=M!llQI~
MEN.I
AND
CLASSIFICATION
PL!!§
lQ]
APPRAISERS. Any assessor who deems it
necessary to enable him to complete the
listing and the valuation of the property
of his county within the time prescribed
by law, (1)
may appoint one or more well
qualified persons to act as his assistants
or deputies who shall not engage in the
private practice of appraising within the
county in which he is employed without the
written permission of the county assessor
filed with the county auditor;
and each
such assistant or deputy so appointed
shall, under the direction of the assessor,
after taking the required oath,
perform all the duties enjoined upon,
vested in or imposed upon assessors, and
(2) may contract with any persons, firms
or corporations, who are expert appraisers, to assist in the
valuation
of
property.
To assist each assessor in obtaining
adequate and well qualified assistants or
deputies, the state department of personnel,
after
consultation
with
the
washington state association of county
assessors, the Washington state association of counties, and the department of
revenue, shall establish by July 1, 1967,
and shall thereafter maintain, a classification and salary plan for those employees
1973 RCW SUPP.
( 293
of an assessor who act as appraisers. The
plan shall recommend the salary range and
employment qualifications for each position encompassed by it, and shall, to the
fullest extent practicable, conform to the
classification plan. salary schedules and
employment qualifications for state employees
performing
similar
appraisal
functions.
If an assessor intends to put such plan
into effect in his county, he shall inform
the department of revenue and the board of
county commissioners of this intent in
writing.
The department of revenue and
the board may thereupon each designate a
representative, and such representative or
representatives as may be designated by
the department of revenue or the board, or
both, shall form with the assessor a
committee. The committee so formed may, by
unanimous vote only, determine the required number of certified appraiser positions and their salaries necessary to
enable the county assessor to carry out
the requirements relating to revaluation
of property in chapter 84.41 RCW. The
determination of the committee shall be
certified to the board of county commissioners. The committee provided for herein may be formed only once in a period of
four calendar years.
After such determination, the assessor
may provide, in each of his four next
succeeding annual budget estimates, for as
many positions as are established in such
determination.
Each board of county commissioners to which such a budget estimate
is submitted shall allow sufficient funds
for such positions. An employee may be
appointed to a position covered by the
plan only if the employee meets
the
employment qualifications established by
the plan. [1973 1st ex.s. c 11 § 1;
1971
ex.s. c 85 § 2; 1967 ex.s. c 146 § 7; 1963
c 4 § 36.21.011. Prior:
1955 c
251 §
10. ]
Chapter 36.22
COUNTY AUDITOR
36.22.090
~!£RANTS Qf gQ1!1.!~!1 §]]DI~
VISIONS.
All warrants for the payment of
claims against diking, ditch, drainage and
irrigation districts and school districts
of the second and third class, who do not
issue their own warrants, as well as
political subdivisions within the county
for which no other provision is made by
law, shall be drawn and issued by the
county auditor of the county wherein such
subdivision is located upon vouchers properly approved by the governing body thereof.
[1973 c 111 § 4; 1963 c 4
§
36.22.090.
Prior:
1915 c 74 § 1; RRS §
4096. 1
seveg.Qi,li t v--]273 £ lll..i.
following RCW 28A.60.328.
1
See
note
Ch •. 36.23
COUNTIES
--------------------------------------------------------------------------------------Chapter 36. 23
COUNTY CLERK
36.23.065
DESTRUCTION AND REPRODUCTION
_&OURT ~ORDS - DESTRUCTIO_t(OF RECEIPT~
£OR _gXPruf~ES .!!lmrui ~~OBATE gRO~INGS~
Notwithstanding any other law relating to
the destruction of court records, the
county clerk may cause to be destroyed all
documents, records, instruments, books,
papers,
depositions,
and transcripts, in
any action or proceeding in the superior
court, or otherwise filed in his office
pursuant to law, if all of the following
conditions exist:
(1)
Six years have elapsed since the
filing of any paper in the action or
proceeding and the records of the county
clerk do not show that the action or
proceeding is pending on appeal in any
court.
(2}
The county clerk maintains for the
use of the public a photographic film,
microphotographic, photostatic or similar
reproduction of each document, record,
instrument, book,
paper, deposition, or
transcript so destroyed: PROVIDED, That
all receipts and canceled checks filed by
a personal representative pursuant to RCW
11.76.100 and complying with condition (1)
above, may be removed from the file by
order of the court and destroyed the same
as an exhibit pursuant to RCW 36.23.070.
(3)
At the time of the taking of said
photographic film, microphotographic, photostatic or similar reproduction,
the
county clerk or other person under whose
direction and control the same was taken,
attached thereto, or to the sealed container in which the same was placed and
has been kept, or incorporated in said
photographic film, microphotographic, photostatic or similar reproduction, a certification that the copy is a correct copy
of the original, or of a specified part
thereof, as the case may be, the date on
which taken, and the fact it was taken
under his direction and control.
The
certificate must be under the official
seal of the certifying officer, if there
be any, or if he be the clerk of a court
having a seal, under the seal of such
court.
(4)
The county clerk promptly seals and
stores at least one original negative of
each such photographic film,
microphotographic, photostatic or similar reproduction in such
manner
and
place
as
reasonably
to assure its preservation
indefinitely against loss, theft, defacement, or destruction.
(1973 c 14 § 1;
1971 c 29 § 1;
1963 c 4 § 36.23.065.
Prior: 1957 c 20 1 § 1. ]
.Ql
36.23.070
DESTRUCIION OF £QQlii EXHIBlTS==Rl!~ERV~.:J:l.Ql! l.QB HISTORICAl! PURPOSES~
A county clerk may at any time more than
six years after the entry of final judgment in any action apply to the superior
court for an authorizing order and, upoL
such order being signed and
entered,
destroy any exhibits, unopened depositions
and reporters• notes which have theretofore been filed in such cause: PROVIDED,
That reporters• notes in criminal cases
must be preserved for at least fifteen
years: PROVIDED FURTHER, That any exhibits which are deemed to possess historical
value may be directed to be delivered by
the
clerk to libraries or historical
societies. ( 1973 c 14 § 2; 1967 ex.s. c
34 § 3; 1963 c 4 § 36.23.070. Prior:
1957 c 201 § 3; 1947 c 277 § 1; Rem. Supp.
1947 § 81-1.]
Chapter 36.27
PROSECUTING ATTORNEY
cross Reference:
Gambling activities,
Chapter 9.46 RCW.
as
affecting:
36.27.060
fliiVAT~ PRA£I!CE
gggHIB11]~
IN CERTAIN COUNTIES-DEPUTY PROSECUTORS .
.ill!~NDMENT-EFFECTIVE JANUARl jj:- j97~:;}_
The prosecuting attorneys and their deputies of class four counties and counties
with population larger than class four
counties shall serve full time and shall
not engage in the private practice of law:
PROVIDED, That deputy prosecuting attorneys in counties of the second class,
third class, and fourth class may serve
part
time and engage in the private
practice of law if the board of county
commissioners
so provides.
[1973 1st
ex.s. c 86 § 1; 1971 ex.s. c 237 § 2; 1969
ex.s. c 226 § 2; 1963 c 4 § 36.27.060.
Prior:
1941 c 46 § 2; Rem. Supp. 1941 §
4139-1-]
Effective date--1973 1.2! !lL-2.!.. £ .§Sl
-aiendatory act shall
take
effect on the second Monday in the month
of January, 1975." [1973 1st ex.s. c 86 §
"This1973
2. ]
Chapter 36.28
COUNTY SHERIFF
cross Reference:
Gambling activities,
Chapter 9.46 RCW.
as
affecting:
36.28.100
EMPLOYMENT
Ql E~I2Q~2~
The sheriff or-airector of public safety
shall employ all able bodied
persons
sentenced to imprisonment in the county
jail in such manner and at such places
within the county as may be directed by
the legislative authority of the county.
[ 1973 1st ex.s. c 154 § 54; 1963 c 4 §
36 .28.100. Prior: 1909 c 249 § 27; RRS §
2279. ]
~~rabili!:v 1273 jst !lL..2.:. £ 154:
note following RCW 2.12.030.
[ 294 ]
see
36.32.350
COUNTY COMMISSIONERS
--------------------------------------------------------------------------------------Chapter 36.29
COUNTY TREASURER
36.29.020
CUSTODIAN OF MONEYS--INVESTMENT OF FUNDS BQI-li~UI]jQ fQ~ IMMjDiiTj
EXgEN~ITURE.§.,_ SERVIC~ f~h
The county
treasurer shall keep all moneys belonging
to the state, or to any county, in his own
possession until disbursed according to
law.
He shall not place the same in the
possession of any person to be used for
any purpose; nor shall he loan or in any
manner use or permit any person to use the
same; but it shall be lawful for a county
treasurer to deposit any such moneys in
any regularly designated qualified public
depositary. Any municipal corporation may
by action of its governing body authorize
any of its funds which are not required
for immediate expenditure, and which are
in the custody of the county treasurer or
other municipal corporation treasurer, to
be invested by such treasurer in savings
or time accounts in banks, trust companies
and mutual savings banks which are doing
business in this state, up to the amount
of insurance afforded such accounts by the
federal deposit insurance corporation, oE
in accounts in savings and loan associations which are doing business in this
state, up to the amount of insurance
afforded such accounts by the federal
savings and loan insurance corporation, or
in certificates, notes, or bonds of the
United States, or other obligations of the
United States or its agencies, or of any
corporation wholly owned by the government
of the United States;
in federal home
loan bank notes and bonds, federal land
bank bonds and federal national mortgage
association notes, debentures and guaranteed certificates of participation, or the
obligations of any other government sponsored corporation whose obligations are or
may become eligible as collateral for
advances to member banks as determined by
the board of governors of the federal
reserve system or deposit such funds or
any portion thereof in investment deposits
as defined in RCW 39.58.010 secured by
collateral in accordance with the provisions of chapter 193, Laws of 1969 ex.
sess.: PROVIDED, Five percent of
the
interest
or earnings, with an annual
minimum of ten dollars or annual maximum
of fifty dollars, on any transactions
authorized by each resolution of
the
governing body shall be paid as an investment service fee to the office of the
county treasurer or other municipal corporation treasurer when the interest or
earnings become available to the governing
body.
1973 RCW SUPP.
Whenever the funds of any municipal corporation which are not required for immediate expenditure are in the custody or
control of the county treasurer, and the
governing body of such municipal corporation has not taken any action pertaining
to the investment of any such funds, the
county finance committee shall direct the
county treasurer to invest, to the maximum
prudent extent, such funds or any portion
thereof in certificates, notes, or bonds
of the United States, or other obligations
of the United States or its agencies, or
of any corporation wholly owned by the
government of the United states, in federal home loan bank notes and bonds, federal
land bank bonds and federal
national
mortgage association notes, debentures and
guaranteed certificates of participation,
or the obligations of any other government
sponsored corporation whose obligations
are or may become eligible as collateral
for advances to member banks as determined
by the board of governors of the federal
reserve system or deposit such funds or
any portion thereof in investment dP.posits
as defined in RCW 39~58.010 secured by
collateral in accordance with the provisions of chapter 193, Laws of 1969 ex.
sess.:
PROVIDED, That the county treasurer shall have the power to select the
specific qualified financial institution
in which said funds may be invested.
The
interest
or other earnings from such
investments or deposits shall be deposited
in the current expense fund of the county
and may be used for general county purposes.
The investment or deposit and disposition of the interest or other earnings
therefrom authorized by this paragraph
shall not apply to such funds as may be
prohibited by the state Constitution from
being so invested or deposited. ( 1973 1st
ex.s. c 140 9 1; 1969 ex.s. c 193 § 26;
1967 c 173 § 1; 196~ c 111 § 2; 1963 c 4 §
36.29.020. Prior:
1961 c 254 § 1; 1895 c
73 § 1; RRS § 4112.]
Chapter 36.32
COUNTY COMMISSIONERS
36.32.350
COORDINATIQ~
OF ~QONI! AQ=
!1!.H!§I.MTIVE PROGRAM~OORD.!l!AT,I~g AGEl!::
9:::-AG.IDfCY
RE,I,!1BU~EMENT.
County
commissioners may designate the Washington
stdte association of counties as a coordinatin~ agency in the execution
of duties
imposed by RCW 36.32.335 through 36.32.360
and reimburse the association from county
current expense funds in the county commissioners• budget for the costs of any
such services rendered:
PROVIDED, That
the total of such reimbursements from any
county in any calendar year shall not
exceed a sum equal to the amount which
would be raised by a levy of one-half of
one cent per thousand dollars of assessed
value against the taxable property of the
county. Such reimbursement shall be paid
[ 295 ]
36.32.350
COUNTIES
---------------------
--------------------------------------------------------------
on vouchers submitted to the county auditor and approved by the board of county
commissioners in the manner provided for
the disbursement of other current expense
funds and the vouchers shall set forth the
nature of the service rendered, supported
by affidavit that the service has actually
been performed.
(1973 1st ex.s. c 195 §
30; 1971 ex.s. c 85 § 3; 1970 ex.s. c 47 §
1; 1963 c 4 § 36.32.350. Prior: 1947 c
49 § 1; 1939 c 188 § 3; Rem. Supp. 1947 §
4077-4. J
year; and in no event shall the levy
exceed
twelve and one-half cents per
thousand dollars of assessed value upon
all taxable property in the county. [ 1973
1st ex.s. c 195 § 31;
1963 c 4
§
36.33.140.
Prior: 1929 c 193 § 3; RRS §
4027-3.]
sevggbility
£ 125:
termi1st ex.s~
See notes following RCW 84.52.043.
£ 195~
Chapter 36.33
COUNTY FUNDS
36.33.060
SALARY FUN~~~BURSEMENT~
There is created in class AA and class A
counties and counties of the first class a
fund to be known as the sal~ry fund, which
shall be used for paying the salaries and
wages of all officials and employees.
In
counties smaller than counties of the
first class the legislative authority may
by resolution establish such a salary
fund. said salary fund shall be reimbursed
from any county funds or other funds under
the jurisdiction or control of the county
treasurer or county auditor budgeted for
salaries and wages. The deposits shall be
made in the exact amount of the payroll or
vouchers paid from the salary fund. [1973
1st ex.s. c 38 § 1; 1971 ex.s. c 214 § 1;
1963 c 4 § 36.33.060.
Prior:
1961 c 273
§ 1; prior:
(i) 1935 c 94 § 1; 1933 ex.s.
c 14 § 1; RRS § 4201-1.
(ii) 1933 ex.s. c
14 § 2; RRS § 4201-2.
(iii) 1933 ex.s. c
14 § 3; RRS § 4201-3. 1
36.33.065
CLAIMS FOND--REIMBURSEMENT.
The legislativeaiithority of any class
county may establish by resolution a fund
to be known as the claims fund, which
shall be used for paying claims against
the county.
such claims fund shall be
reimbursed from any county funds or other
funds under the jurisdiction or control of
the county treasurer or county auditor
budgeted for such expenditures. The deposits shall be made in the exact amount
of the vouchers paid from the claims fund.
[1973 1st ex.s. c 38 § 2; 1971 ex.s. c 214
§ 2. ]
36.33.140
COUNTY LANDS ASSESSMENT FUND
CREATED--AMOUNT~OF J:'EVY. ~amountef
the-revy-In-iny year for-the county lands
assessment
fund shall not exceed the
estimated amount needed over and above all
moneys on hand in the fund, to pay the
aggregate amount of such assessments fall•
ing due against the lands in the .ensuing
~Q~
termi:_
12!
gz~~
See notes following RCW 84.52.043.
£QQ!!I ROAQ MILLA~~ fUND~L
I~ ~~!If]~ AUTHORJ~EQ~
UNTIL JANUARY lL 12]~~1
The
~everabilitx--Effecti~ Qa1~ ~BQ
natig~ ggtes--Const£Y~Q~==121J
Effectivg date§
~ii2n ~~tes-=Construction--1973
36.33.220
lEI=
~~ITORE
FECTIVE
legislative--authority of any county may
budget, in accordance with the provisions
of chapter 36.40 RCN, and expend any
portion of the county road millage for any
service to be provided in the unincorporated area of the county notwithstanding
any other provision of law, including
chapter 36.82 RCW and RCW
84.52.042.
[1973 1st ex.s. c 195 § 142; 1971 ex.s. c
25 § 1. ]
36.33.220
£QQli!I ~jQ MILLAGE ~L
EXPENDITURE t:OR am~ AOTI!ORy_g!h ,(AMENDMENT EFFECT!!E ~ABI 1L 121~ The
legislative authority of any county may
budget, in accordance with the provisions
of chapter 36.40 RCi, and expend any
portion of the county road property tax
revenues for any service to be provided in
the unincorporated area of the county
notwithstanding any other provision of
law, including chapter 36.82 RCW and RCW
84.52.050 and RCW 84.52.043.
[1973 1st
ex.s. c 195 & 32; 1971 ex.s. c 25 § 1.]
Chapter 36.34
COUNTY PROPERTY
36.34.005
ESTABLISHMENT OF £Q~BEHE!;
SIVE PROCEDURES IQ~MANAGEMENT OF COUNTY
PROPERTY~UTHORIZED-=EXEMPTION-pROM CHAPTER. 'Pursuant to"PUbiTCilouce-aiid heir=
ing,
any
county
may
establish
comprehensive procedures for the management of county property consistent with
the public interest and counties establishing such proce,dures shall be exempt
from the provisions of chapter 36.34 RCW:
PROVIDED, That all counties shall retain
all powers now or hereafter granted by
chapter 36.34 RCW. [1973 1st ex.s. c 196
§ 1. ]
[ 296 ]
BUDGET
36.40.300
----------~------------------------~------------------------------------------------
Chapter 36. 40
BUDGET
36.40.040
PRELIMINARY BUDGET ~g!~~Q
BY AUDITOR. upon-receipt of the estimates
the--auditor shall prepare the
county
budget which shall set forth the complete
financial program of the county for the
ensuing fiscal year, showing the expenditure program and the sources of revenue by
which i t is to be financed.
The revenue section shall set forth the
estimated receipts from sources other than
taxation for each office,
department,
service, or institution for the ensuing
fiscal year, the actual receipts for the
first six months of the current fiscal
year and the actual receipts for the last
completed fiscal year, the estimated surplus at the close of the current fiscal
year and the amount proposed to be raised
by taxation.
The expenditure section shall set forth
in comparative and tabular form by offices, departments, services, and institutions tha estimated expenditures for the
ensuing fiscal year, the appropriations
for the current fiscal year, the actual
expenditures for the first six months of
the current fiscal year including all
contracts or other obligations against
current appropriations, and the actual
expenditures for the last completed fiscal
year.
All estimates of receipts and expenditures for the ensuing year shall be fully
detailed in the annual budget and shall be
classified and segregated according to a
standard classification of accounts to be
adopted and prescribed by the state auditor through the division of municipal
corporations after consultation with the
washington state association of counties
and the washington state association of
elected county officials.
The county auditor shall set forth separately in the annual budget to be submitted to the board of county commissioners
the total amount of emergency warrants
issued during the preceding fiscal year,
together with a statement showing the
amount issued for each emergency, and the
board shall include in the annual tax
levy, a levy sufficient to raise an amount
equal to the total of such warrants:
PROVIDED, That the board may fund the
warrants or any part thereof into bonds
instead of including them in the budget
levy. [1973 c 39 § 1. Prior: 1971 ex.s.
c 85 § 4; 1969 ex.s. c 252 § 1; 1963 c 4 §
36.40.040; prior:
(i) 1923 c 164 § 2; RRS
§ 3997-2. (ii) 1925 ex.s. c 143 § 2,
part; 1923 c 164 § 6, part; RRS § 3997-6,
part. J
36.40.09C
TAXES TO BE LEVIED.
The
board of county-co;mi~ioners--shall then
fix the amount of the levies necessary to
raise the amount of the estimated expenditures as finally determined, less the
1 97 3 RCW SUPP.
[ 297
total of the estimated revenues
from
sources other than taxation, including
such portion of any available surplus as
in the discretion of the board it shall be
advisable to so use, and such expenditures
as are to be met from bond or warrant
issues: PROVIDED, That no county shall
retain an unbudgeted cash balance in the
current expense fund in excess of a sum
equal to the proceeds of a one dollar and
twenty-five cents per thousand dollars of
assessed value levy against the assessed
valuation of the county.
All taxes shall
be levied in specific sums and shall not
exceed the amount specified in the preliminary budget. (1973 1st ex.s. c 195 § 33;
1963 c 4 § 36.40.090. Prior: 1943 c 145
§ 1, part; 1941 c 99 § 1, part; 1923 c 164
§ 4,
part; Rem. Supp.
1943 § 3997-4,
part.]
~~.!.tiabi.H!.Y=~tfecti..u da:tg2 sn.g_ t:gmi::
datee=~.!!§1£ucti.Qn-1973 1~ ~.!.2.!.
ns!ion
£ 195~
See notes following RCW 84.52.043.
36.40.100
BUDGET
COMSTITUT]~
APPROPRJ::
!!IQNS-TRAN~.§::-SUPPL~!!1 !RR~.QgllA­
~~
The estimates of expenditures
itemized and classified as required in RCW
36.40.040 and as finally fixed and adopted
in detail by the board of county commissioners shall constitute the appropriations for the county for the ensuing
fiscal year; and every county official
shall be limited in the making of expenditures or the incurring of liabilities to
the amount of such detailed appropriation
items or classes respectively: PROVIDED,
That upon a resolution formally adopted by
the board at a regular or special meeting
and entered upon the minutes, transfers or
revisions within departments, or supplemental appropriations to the budget from
unanticipated federal or state funds may
be made: PROVIDED FURTHER, That the board
shall publish notice of the time and date
of the meeting at which the supplemental
appropriations resolution will be adopted,
and the amount of the appropriation, once
each week, for two consecutive weeks prior
to such meeting in the official newspaper
of the county or if there is none, in a
legal newspaper in the county. (1973 c 97
§ 1; 1969 ex.s. c 252 § 2; 1965 ex.s. c 19
§ 1; 1963 c 4 § 36.40.100.
Prior:
1945 c
201 § 1, part; 1943 c 66 § 1, part; 1927 c
301 9 1, part; 1923 c 164 § 5, part; Rem.
supp. 1945 § 3997-5, part. J
36.40.300
£QSTS Qf COUNTY S~!A1YATIQ!
PB.QQBAM TO ]~ SH.!]lED BY ~ 1Qf!1 ,!AXING
DISTRICTS--DQ£IE~
Qf ~I! !~!!§UR~~
JlQ~ EXPIRATIQ! ~TE~ OF ll!l.§ 2:f!JON.L ~~~
1!~!
PARAGR!g~
AND NO~ f0L1Q~IN§ ~f!
84~~
In each year that the state
provides financial aid to the counties for
a county revaluation program, the countyassumed portion of the costs of such
J
36.40.300
COUNTIES
------------------------------------------------------------------------revaluation program including administrative costs, but excluding any costs pertaining to the development of new data
processing programs, shall be shared by
all local taxing districts within the
county authorized to make levies pursuant
to RCW 84.52.050 and RCW 84.52.042. Such
sharing shall be for those costs incurred
during 1972 and 1973 only. For the years
1972 and 1973 during which, such state
financial aid is received, the county
treasurer shall compute the proportionate
amount of the county-assumed portion of
the costs of revaluation in direct proportion to the ratio of basic property tax as
authorized by RCW 84.52.050 and RCW 84.52• 042 levied on behalf of each local taxing
district each year, and he shall, on
December 31 of those years, bill each
local taxing district the amount so computed. The treasurer shall collect said
bill by deducting said amount from the
next year's tax receipts and place the
deducted sums in a special fund to be used
solely for the expenses and costs of the
administration of the revaluation program:
PROVIDED, That the sum deducted from the
basic millage for common schools shall be
excluded and not considered as revenue in
the computation of the school equalization
formula pursuant to RCW 28A.41.130.
A
copy of the assessor's portion of the
preliminary county budget shall be sent to
each local taxing district affected by the
provisions of this section at the time
such budget is prepared.
This section shall expire on December
3 1,
1 97 4 •
( 19 7 3 1 st e x. s • c 1 9 5 § 14 3 ;
1972 ex.s. c 102 § 1.]
~~~sBility--Effec!i!§ da£~2 ~~ !ermi.nlliOJ! £ates--£Qnstructio.n--197J j g ~..:.
£ ~~ See notes following RCW 84.52.043.
36.40.300
fQ§~
Q! f.Q.!lli!I !1~lll&ll1Qli
RBOGRll !Q ,M .a.!!Aill BY .li1 LOC!b I!ll.!ffi
~l§TRICTS--DUTIES
Ql fQQ!II TREASUREB..:.
jAMENDM~Jil:
.&;FFECTIVE ~li.Q!ll 1L 1974.)._
(SE~TION
EXPIRES ~fl!~l!] llL ~L In
each year that the state provides financial aid to the counties for a county
revaluation program, the county-assumed
portion of the costs of such revaluation
program including administrative costs,
but excluding any costs pertaining to the
development of new data processing programs, shall be shared by all local taxing
districts within the county authorized to
make levies pursuant to RCW 84.52.050.
such sharing shall be for those costs
incurred during 1972 and 1973 only. For
the years 1972 and 1973 during which, such
state
financial aid is received, the
county treasurer shall compute the proportionate amount of the county-assumed por•
tion of the costs of revaluation in direct
proportion to the ratio of basic property
tax as authorized by RCW 84.52.050 and RCW
84.52.043 levied on behalf of each local
taxing district each year, and he shall,
on December 31 of those years, bill each
-----
local taxing district the amount so computed.
The treasurer shall collect said
bill by deducting said amount from the
next year•s tax receipts and place the
deducted sums in a special fund to be used
solely for the expenses and costs of the
administration of the revaluation program:
PROVIDED, That the sum deducted from the
basic dollar rate for common schools shall
be excluded and not considered as revenue
in the computation of the school equalization formula pursuant to RCW 28A.41.130.
A copy of the assessor's portion of the
preliminary county budget shall be sent to
each local taxing district affected by the
provisions of this section at the time
such budget is prepared •
This section shall expire on December
31, 1974. (1973 1st ex.s. c 195 § 34;
1972 ex.s. c 102 § 1.]
Chapter 36.45
CLAIHS AGAINST COUNTIES
36.45.030
TIME FOR fOM11l!NCEME.R! Qf !£::
TION.
No action shall be maintained on
anr-claim for damages until it has been
presented to the board of county commissioners and sixty days have elapsed after
such presentation, but such action must be
commenced within three months after the
sixty days have elapsed or within three
months after the board has given the
claimant notice by registered mail of
disallowance in whole or in part of the
claim for damages, whichever is longer •
[1973 c 36 § 1; 1963 c 4 § 36.45.030.
Prior: 1957 c 2 24 § 9; prior: 1919 c 11f9
§ 1, part; RRS § 4077, part. ]
Chapter 36.47
COORDINATION OF ADMINISTRATIVE PROGRAMS
36.4 7. 04 0
STATE ASSOCIATION OF COUNTY
OFFICIALS 11A Y g
COOR.QiNATrNG --!2iNCYREIMBURSE~ENT
fQB ~~ AND EXPENSES.
Each
county
which
designates-~he
Washington state association of county
officials as the agency through which the
duties impo~d by RCW 36.47.020 may be
executed is authorized to reimburse the
association from the county current expense fund for the cost of any such
serv~ces
rendered:
PROVIDED, That
no
reimbursement shall be made to the associ·
ation for any expenses incurred under RC~
36.47.050 for travel, meals, or lodging of
such county officials, or their represen·
tatives at such meetings, but such expenses may be paid by such official's
respective county as other expenses are
paid for county business. Such reimbursement
shall be paid only on vouchers
[ 298 ]
FERRIES-COUNTY OWNED-FERRY DISTRICTS
36.54.080
-----------------------------------------------------submitted to the county auditor and approved by the board of county commissioners of each county in the manner provided
for the disbursement of other current
expense funds. Each such voucher shall
set forth the nature of the services
rendered by the association, supported by
affidavit that the services were actually
performed. The total of such reimbursements for any county in any calendar year
shall not exceed a sum equal to the amount
which would be raised by a levy of onequarter of a cent per thousand dollars of
assessed value against the taxable property in such county. (1973 1st ex.s. c 195
§ 35; 1970 ex.s. c 47 § 2; 1969 ex.s. c 5
§ 3; 1963 c 4 § 36.47.040. Prior:
1959 c
130 § 4. ]
~gx!rabili1,x_ Eff~tiE ~ ~nd !!ill.::
ns!ion g~!~s-=~2n§!~£tion==J21J jst ~!~
£ 1221 See notes following RCW 84.52.043.
Chapter 36.48
DEPOSITARIES
36.48.010
~gQ~!!!RIE~ !Q]! ~GNAT.::
ED BY TREASURER.
Each county treasurer
shail -annually- on the second Monday in
January, and at such other times as he
deems necessary, designate one or more
banks in the state which are qualified
public depositaries as set forth by the
public deposit protection commission as
depositary or depositaries for all public
funds held and required to be kept by him
as such treasurer, and such designation or
designations shall be in writing, and
shall be filed with the board of county
commissioners of his county, and no county
treasurer shall deposit any public money
in banks, except as herein
provided.
(1973 c 126 § 5; 1969 ex.s. c 193 § 27;
1963 c 4 § 36.48.010.
Prior: 1907 c 51 §
1; BRS § 5562.]
36.48.020
SEGREGATION QI !1IGIBL~ ~
~.!rnllll~~ Beforeany-such treasurer shall
make any deposit in such bank# the bank
designated shall, within ten days after
the designation has been filed, segregate
securities eligible as collateral in accordance with RCW 39.58.050 as now or
hereafter amended.
In counties where the combined banking
capital and surplus of all of the banks in
the county is insufficient to carry the
county funds the provision of this section
with reference to the limit of the amount
to be deposited in any one depositary may
be waived by the county finance committee.
[1973 c 126 § 6; 1969 ex.s. c 193 § 28;
1967 c 132 § 3;
1963 c 4 § 36.48.020.
Prior: 1945 c 73 § 1; 1933 ex.s. c 45 §
3; 1931 c 87 § 3; 1909 c 15 § 1; 1907 c 51
§ 2; Rem. Supp. 1945 § 5563.]
1973 RCW SUPP.
£Q]!TY CL~]!~ IQ!~~ ~A! ~~
The county clerks of all the
counties of the state shall deposit all
funds in their custody, as clerk of the
superior court of their respective counties, in one or more qualified depositaries, as provided in chapter 39.58 RCW, as
now or hereafter amended. [1973 c 126 §
7; 1963 c 4 § 36.48.080.
Prior:
1933
ex.s. c 40 § 1; RRS § 5561-1.]
36.48.080
~gQ§l~~
36.48.090
£QQ!TY
DEgQ§JTE~~~~IDliS~
CLERK~ IUNQ~ ~A!
~~
.Iilll~
!Y!!Q ~£~!ll12~
Whenever any person has in his custody as
clerk of the superior court any funds held
in trust for any litigant or for any
purpose, they shall be deposited in a
separate fund designated "clerk's trust
fund," and shall not be commingled with
any public funds, and in case any interest
is paid upon any such "clerk's trust fund"
so deposited, it shall be paid to the
beneficiary of such trust upon the termination thereof. (1973 c 126 § 8; 1963 c 4
§ 36.48.090.
Prior: 1933 ex.s. c 40 § 2;
RRS § 5561-2.]
Chapter 36.Sii
FERRIES-COUNTY OWNED--FERRY DISTRICTS
36.54.080
~RR! ~Rif.I~ AUTfiQ£1~==
PROCEDURE-POWERS. The establishment of a
ferry
district-- is hereby authorized.
Written application for the formation of
such a district signed by at least twentyfive percent of the registered voters, who
reside and own real estate in the proposed
district, shall be filed with the board of
county commissioners.
The board shall
immediately transmit the application to
the proper registrar of voters for the
proposed district who shall check the
names, residence, and registration of the
signers with the records of his office and
shall, as soon as possible, certify to
said board the number of qualified signers.
If the requisite number of signers
is so certified, the board shall thereupon
place the proposition, 11 Shall a ferry
district be established in the following
area to operate ferries between the following termini:
(describing the proposed
district and ferry routes)?"
upon the
ballot for vote of the people of the
proposed district at the next election,
general or special. If sixty percent of
the voters on such proposition vote in
favor of the proposition, the board shall,
by resolut~on, declare the district established. If the requisite number of qualified
persons
have
not
signed
the
application, further signatures may be
added and certified until the requisite
number have signed and the above pr-ocedure
shall be thereafter followed.
The area of such district shall be the
area within any island or group of islands
outside incorporated cities and towns, or
( 299 l
36.54.080
COUNTIES
--------------------------------------------------------------------------------------such portion or portions thereof as specifically defined in the application.
When established, a ferry district shall
be
a municipality as defined by the
statutes of the state and entitled to all
the powers conferred by law and exercised
by municipal corporations in this state.
A ferry district is hereby empowered to
levy not more than one dollar and twentyfive cents per thousand dollars of as•
sessed value against the assessed valuation of the property lying within the
district.
A ferry district shall have the right of
eminent domain according to the laws of
the state.
A ferry district is exempt and excepted
from the provisions of the public service
laws and is not subject to the control,
rules and regulations of the Washington
utilities and transportation commission;
and it shall not be necessary for a ferry
district to apply for or obtain a certificate of public convenience and necessity.
A ferry district may operate any vessel
over its authorized routes upon any of the
waters of the state that touch any of the
area of the district.
[1973 1st ex.s. c
195 § 36; 1963 c 4 § 36.54.080.
Prior:
1947 c 272 § 1; Rem. Supp. 1947 § 5477-1.]
~gyg_sl;!j.lity-£!lli£1ill daj:_g§ .end j:ermins!iQ~ dates--construs:1iQn--1il1 1st ~~
£ j95~ See notes following RCW 84.52.043.
Chapter 36.62
HOSPITALS
36.62.090
TAX LEVY FOR MAINTENANCE.
If the hospital is-e~ablished:~bOard
of county commissioners, at the time of
levying general taxes, shall levy a tax at
the rate voted, not to exceed fifty cents
per thousand dollars of assessed value in
any one year, for the maintenance of the
hospital.
(1973 1st ex.s. c 195 § 37;
1963 c 4 § 36.62.090.
Prior:
1925 ex.s.
c 174 § 6; RRS § 6090-6.]
administrative board:
Chapter 36.68
PARKS AND RECREATIONAL FACILITIES
36.68.480
IJOft.gECIA1
pet~ ~on
or
formation of
Shall a county service area be established for the area described in a resolu·
tion of the board of commissioners of
--------------- county, adopted on the
day of ---------- 19 __ , to provide
financing for neighborhood park facili·
ties, improvements and services?
Yes
No
(2) SPECIAL LEVY (SPECIAL BOND ISSUE)
Shall the county commissioners, for the
purposes of 11 _ _ _ _ _ _ _ _ _ _ _ local service
area No • ..,.._.__ .. or 11 (name of district)
local
serv~ce area of - - - - - - - - - - county••, levy a general tax of - - - - - - dollars per thousand dollars of assessed
value for one year upon taxable property
within said service area in excess of the
constitutional and/or statutory tax limits
for authorized purposes of the service
area?
OR shall
the county commissioners for
the purposes of ------------- local park
service area No.
issue
dollars of general obligation bonds-for--a
period of not to exceed twenty years and
levy a tax of approximately _
dollars per thousand dollars of assessed
value upon all taxable property in said
service area to pay the interest on and to
retire said bonds; said levy to be excess
of the constitutional and/or statutory tax
limits?
Yes
No
218
§
2§.!§gbilij:y Effe~~ ~ g!!g j:ermi;
nation dates-~nstruction-1973 1§1. ex. s.
~195:
See notes following RCW 84.52.043.
36.68.520
TAX
LEVIES AND BOND
ISSUES~
A service area-shali--nQt ~ave--power--to
ELECTION
PROCEDURE--FORMALEVY OR BOND ISSUE.
If the
-r~olution- initiating the
the proposed service area
---~---
(1) FORMATION OF LOCAL SERVICE AREA
[ 1973 1st ex.s. c 195 § 38; 1963 c
9. )
Chapter 36. 64
JOINT GOVERNMENTAL ACTIVITIES
cross Reference:
County alcoholism
RCW 70.96.160.
proposes that the initial improvemen~s of
services are to be financed by a special
levy, a special election for that purpose
shall be conducted within the boundaries
of the service area.
All
registered
voters within the service area shall be
eligible to vote on the proposition.
The
county auditor,
for the purpose of the
special election, may combine or divide
precincts in order to provide the greatest
convenience to voters of the service area.
The county auditor, in submitting the
issue to the voters for their approval or
rejection, shall submit and express two
propositions on the ballot in substantial·
ly the following form:
-----------
[ 300
levy an annual authorized levy, but it
shall have the power to levy a tax upon
the property included within the service
district in the manner prescribed for
cities for the purpose of exceeding the
limitations established by section
2,
]
36.70.320
PLANNING ENABLING ACT
--------------------------------------------------------------------------------------Article 7 of the Constitution and by RCW
84.52.052.
The special voted levy may be either for
operating fund or for capital outlay, or
for a cumulative reserve fund.
A service area may issue general obligations bonds for capital purposes only, not
to exceed an amount,
together with any
outstanding general obligation indebtedness, equal to three-eighths of one percent of the value of the taxable property
within the district, and may provide for
the retirement thereof by levies in excess
of dollar rate in accordance with the
provisions of RCW 84.52.056:
PROVIDED,
That such districts may issue bonds equal
to two and one-half percent of the value
of the taxable property within the district, as the term "value of the taxable
property" is defined in RCW 39.36.015,
when such bonds are approved by the voters
of the district at a special election
called for the purpose. [1973 1st ex.s. c
195 § 39; 1970 ex.s. c 42 § 19; 1963 c 218
§ 13. ]
~~~ility--Eff~!i~ ~es a~ !ermi=
J!atiOJl
£
12.2~
manner prescribed for cities for
the
purpose of exceeding the limitations established by Article VII, section 2,
of
the Constitution and by RCW 84.52,052.
Such special, voted levy may be either for
operating funds or for capital outlay, or
for a cumulative reserve fund.
A park and
recreation
district may issue general
obligation bonds for capital
purposes
only, not to exceed an amount, together
with any outstanding general obligation
indebtedness equal to three-eighths of one
percent of the value of the
taxable
property within such district, as the term
"value of the taxable property" is defined
in RCW 39.36.015, and may provide for the
retirement thereof by levies in excess of
dollar rate limitations in accordance with
the provisions of RCW 84.52.056.
[1973
1st ex.s. c
195 § 40; 1970 ex.s. c 42 §
20; 1969 c 26 § 5; 1967 c 63 § 5; 1963 c 4
§ 36.69.140.
Prior:
1961 c 272 § 5; 1959
c 304 § 6: 1957 c 58§ 14.]
se~n.!U.li1.Y=Effe£1iv~ .@~§ g!!£1 1~1!!1;
.na!i21! date2=:CO.!!§tr,!!£ti.Q!l=:-1973 jst ~..:..2.:.
£ 195i See notes following RCW 84.52.043.
~te~L
Cgnstructio.!l=12U 1st ~
See notes following RCW 84.52.043.
36.68.610
AREA WHE.!! lli ~~ INCLUDED-::
INCJ&SION QI AR]! !lll!lli CIT.!. Ql! ,IOWN _
gRO~RE.
A park and recreation service
area may include any unincorporated area
in the state, and when any part of the
proposed district lies within the corporate limits of any city or town sa~d
resolution or petition shall be accompanied by a certified copy of a resolution
of the governing body of said city or
town, approving inclusion of the area
within the corporate limits of the city or
town. [ 1973 c 65 § 1.]
36.68.620
ENLARGE~~ BY Ilif1]§1Qlf
Ql
!ru2ITIOlfAL ,!REA~Q~EDU!i!:. After a park
and recreation serv1ce area has
been
organized, an additional area may be added
by the same procedure within the proposed
additional area as is provided herein for
the organization of a park and recreation
service area, and all electors within both
the organized park and recreation service
area and the proposed additional territory
shall vote upon the proposition for enlargement. ( 1973 c 65 § 2.]
Chapter 36.69
DISTRICTS ACT
~ECREATION
36.69.140
~CIAL 1EVJES
!QIHORI!~~
A park and recreation district
shall not have power to levy an annual
authorized levy, but it shall have the
power to levy a tax upon the property
included
within the district, in the
~~~
1973 RCW SUPP.
[ 301
Chapter 36.70
PLANNING ENABLING ACT
cross. Reference:
commission as employer for retirement
system purposes:
RCW 41.40.010.
36.70.320
COMPREHENSIVE
PLAN~
Each
planning agency-shall prepare a comprehensive plan for the orderly physical development of the county, or any portion
thereof,
and may include any land outside
its boundaries which, in the judgment of
the planning agency, relates to planning
for the county. The plan shall be referred to as the comprehensive plan, and,
after hearings by the commission
and
approval by motion cf the board, shall be
certified as the
comprehensive
plan.
Amendments or additions to the comprehensive plan shall be similarly processed and
certified.
Any comprehensive plan adopted for a
portion of a county shall not be deemed
invalid on the ground that the remainder
of the county is not yet covered by a
comprehensive plan. *This 1973 amendatory
act shall also apply to comprehensive
plans adopted for portions of a county
prior to April 24, 1973. [1973 1st ex.s.
c 172 § 1; 1963 c 4 § 36.70.320.
Prior:
1959 c 201 § 32. 1
*Reviser's note:
"This 1973 amendatory
act" refers t01973 1st ex.s. c 172 § 1
which amended this section.
1
Ch. 36.72
COUNTIES
-------------------------------------------Chapter 36.72
PRINTING
36.72.050
1f.Q
fOR
PROCEDURE
]]ER~
COUNT!
HA~
Chapter 36.90
SOUTHWEST WASHINGTON FAIR
~PA.fM_-ADV].B!J.SEME]l IQJ!
PROP~
PRINTING~
The county auditor, at
least five weeks, but not more than eight
weeks, before the meeting of the county
legislative authority in April of each
year, shall advertise for proposals for
the public printing, for the term of one
year, beginning on the first day of July
following, which advertisement shall be
inserted for four consecutive weeks in the
official newspaper of the county, or if
there is no official newspaper, then in
some other newspaper published in the
county, or in a county adjacent to such
county, and having a general circulation
therein.
The county legislative authority shall
not be compelled in any event to accept
any bid for a greater price than four
dollars and twenty cents per folio of one
hundred words for the first insertion, and
three dollars and fifteen.cents per folio
of one hundred words for each subsequent
insertion, or its equivalent in number of
words. ( 1973 1st ex. s. c 28 § 1; 1969
ex.s. c 43 § 1;
1963 c 4 § 36.72.050.
Prior: 1955 c 312 § 2; prior:
1947 c 141
§
1, part; 1917 c 114 § 2, part; 1907 c
229 § 1, part; 1886 p 108 § 2, part; Code
1881 § 2693, part; 1873 p 478 § 2, part;
Rem. supp. 1947 § 4081, part.]
Chapter 36.82
ROADS AND BRIDGES-FUNDS--BUDGET
!!l 1]!! FOJ! ROAQ
the purpose of raising revenue for establishing, laying out,
constructing, altering, repairing, improving,
and
maintaining
county
roads,
bridges, and wharves necessary for vehicle
ferriage
and for other proper county
purposes, the board shall annually at the
time
of making the levy for general
purposes make a ~niform tax levy throughout the county, or any road district
thereof, of not to exceed two dollars and
twenty-five cents per thousand dollars of
assessed value of the last assessed valuation
of the taxable property in the
county, or road district thereof, unless
other law of the state requires a lower
maximum levy, in which event such lower
maximum levy shall control.
All funds
accruing from such levy shall be credited
to and deposited in the county road fund
except that revenue diverted under RCW
36.33.220 shall be placed in a separate
and identifiable account within the county
current expense fund.
[1973 1st ex.s. c
195 § 41; 1971 ex.s.· c 25 § 2; 1963 c 4 §
36.82.040.
Prior: 1937 c 187 §·7; RRS §
6450-7.]
36.82.040
~NERAL
~Q;-EX£~0N~
For
36.90.010
CONT£2~
Qr PROPERTY. The
property of the Southwest Washington Fair
Association including the buildings and
structures thereon, as constructed or as
may be built or constructed from time to
time, or any alterations or additions
thereto, shall be under the jurisdiction
and control of the board of county commis·
sioners of Lewis county at all times.
[1973 1st ex.s. c 97 § 1; 1963 c 4 §
36.90.010. Prior:
1913 c 47 § 2; RRS §
2746.]
~gEgbili1..Y=J273
~1
ex.s. c 97: "If
any provision of this act, or-its-application to any person or circumstance is held
invalid, the remainder of the act, or the
application of the prov~s~on to other
persons or circumstances is not affected."
[1973 1st ex.s. c 97 § 8.]
36.90.o2o
IAIB
~~MrssiQ~
!~21I~HEn==
BI2l!I~.L
QQI.!l;~
AND OBLI2ATI.Ql!~ DEVOLllQ
LEWIS ~OUNT! ~~MI~~l.QNERS==iBQil!!I.!
]lgQll.
VESTED IN LEWIS COUNTY.
The southwest
washington fair-commission heretofore established and authorized under the provisions of this chapter is abolished and all
rights, duties and obligations of such
commission is devolved upon the board of
county commissioners of Lewis county and
title to or all interest in real estate,
choses in action and all other assets,
including but not limited to assignable
contracts, cash, deposits in county funds
(including any interest or premiums thereon), equipment, buildings, facilities, and
appurtenances thereto held as of the date
of passage of this 1973 amendatory act by
or for the commission shall, on
the
effective date of this 1973 amendatory act
vest in Lewis county. ( 1973 1st ex.s. c
97 § 2; 1963 c 4 § 36.90.020. Prior:
1959 c 3~ § 1; 1913 c 47 § 3; RRS § 2747;
prior:
1909 c 237 § 4.)
Reviser's note:
The
effective date of
19~st-ex.s:-c-97 was July 16, 1973.
Severability J273 1st ~ £ 27:
note following RCW 36.90.010.
See
36.90.030
ADMINISTRATORS--ORGANIZATION
--------------~---OF ~~SIOll.=-FUNDS~ The board of county
commissioners in the county of Lewis as
administrators of all property relating to
the southwest washington fair may elect to
appoint a commission of citizens to advise
and assist in carrying out such fair. The
chairman of the board of county commissioners of Lewis county shall be chairman
( 302 ]
36.93.110
LOCAL GOVERNMENTAL ORGANIZATION
---------------------------------------------------------------~----------------------
of any such commission.
such commission
may elect a president and secretary and
define their duties and fix their compensation, and provide for the keeping of its
records. The commission may also desigaate the treasurer of Lewis county as fair
treasurer. The funds relating to fair
activities shall be kept separate and
apart from the funds of Lewis county,
but
shall be deposited in the regular depositaries of Lewis county and all interest
earned thereby shall be added to and
become a part of the funds.
Fair funds
shall be audited as are other county
funds. [1973 1st ex.s. c 97 § 3; 1963 c 4
§ 36.90.030. Prior:
1913 c 47 § 4; RRS §
2748. ]
~eveta.Qj.lity _.1973 1a! ,glb.§.:. £ 97;
note following RCW 36.90.010.
See
36.90.040
FAIB DE~~~ COUMI! ~ND DISTRICT x~.IB ~!W ~!ill.I~Y1I!rn!~ xm.!.. The
southwest washington fair shall be deemed
a county and district fair for the purposes of chapter 15.76 RCW as well as an
agricultural
fair for the purpose of
receiving allocations of funds under RCW
15.76.140 through 15.76.165.
[1973 1st
ex.s. c 97 § 4;
1963 c 4 § 36.90.040.
Prior: 1913 c 47 § 5; RRS § 2749. J
Severabilitl=_llZ~
1§!
~
£ 97:
See
note following RCW 36.90.010.
36.90.050
ACQUISI!.IQH~
l~PROVEMENT~
CONTRQ1 Ql .fBQPE~
The Lewis county
board of county commissioners may acquire
by gift, exchange, devise, lease,
or
purchase,
real property for southwest
Washington fair purposes and may construct
and maintain temporary or permanent improvements suitable and necessary for the
purpose of holding and maintaining the
southwest Washington fair. Any such property deemed surplus by the board may be
(1) sold at private sale after notice in a
local publication of general circulation,
or (2) exchanged for other property after
notice in a local publication of general
circulation. [1973 1st ex.s. c
97 § 5;
1963 c 4 § 36.90.050.
Prior:
1959 c 34 §
2. ]
~~~£~Qili1I~ 1273 1a1 ~~.!.. £ 97:
note following RCW 36.90.010.
See
36.90.060
~GENT ~~1
MANA2g fRQPERTY~
[1963 c 4 § 36.90.060. Prior: 1959 c 34 §
3.] Repealed by 1973 1st ex.s. c 97 § 7.
36.90.070
fON!!I!~£~
OF PROPEB11 lQ
£.Q.Qll11 FOJl I.A.!Jl PUggQg.§..:.
Upon
payment to the state of washington by
Lewis county of the sum of one dollar,
which
sum shall be deposited in the
general fund when received by the treasurer
of the state of Washington,
such
1Hll
1973 RCW SUPP.
treasurer is authorized and directed to
certify to the governor and secretary of
state that such payment has been made on
the following described property presently
utilized for southwest Washington fair
purposes
situated
in
Lewis
county,
Washington:
"Beginning at the intersection of the south line of section Seventeen (17) Township Fourteen (14) North of
Range Two (2) West of W.M. with the West
right-of-way line of the Somerville consent Road, and running thence North 15
degrees 20 feet East along the West line
of said Road, Eleven Hundred Forty-four
(1144) feet, thence North 2 degrees 33
feet West along the said west line Seventy-four and four-tenths
(74.4)
feet,
thence west on a line parallel with the
said south line of said Section Seventeen
(17)
Eleven Hundred Sixty-seven and two
tenths (1167.2) feet to within one hundred
fifty (150) feet to the Center line of the
Northern Pacific Railroad, thence south 16
degrees 20 feet west on a line parallel
with and one hundred fifty
(150)
feet
distant Easterly from the Center line of
the Northern Pacific Railroad Eleven Hundred
and Thirty-five and severi~tenths
(1135. 7)
feet, thence East on a line
parallel with and ~ighty-seven and threetenths (87.3) feet north of the south line
of
said section seventeen (17)
eight
hundred fifty-seven
(857)
feet,
thence
south
74 degrees 40 feet East three
hundred thirty (330) feet to the point of
beginning, containing thirty (30) acres in
Section seventeen (17)
Township Fourteen
(14)
North of Range Two {2) west of W.M."
and the governor is thereby authorized and
directed forthwith to execute and the
secretary of state is authorized
and
directed to attest to a deed conveying
said lands to Lewis county, Washington.
The office of the attorney general and the
commissioner of public lands shall offer
any necessary assistance in carrying out
such conveyance.
(1973 1st ex.s. c 97 §
6. 1
~~~u.Qility=-1973
1§.! §Z.!..§~ £
note following RCW 36.90.010.
21;_
see
Chapter 36.93
LOCAL GOVERNMENTAL ORGANIZATION--BOUNDARIES--REVIEW BOARDS
36.93.110
WHEN JlEV_Ig~ ]QI ]gfES§~BX.!..
In case of annexation to a city or a town,
where the area proposed for annexation is
less than ten acres and less than eight
hundred thousand dollars in assessed valuation, the chairman of the review board
may by written statement declare that
review by the board is not necessary for
the protection of the interest of the
various parties, in which case the board
shall not review such annexation.
(1973
1st ex.s. c 195 § 42; 1967 c 189 § 11. J
[ 303 ]
36.93.110
COUNTIES
-------------------------------------------------------------------2gytl.9.!!i.J.it.Y= Ef~!i.Y2 gat~ g_g£ !ermi.:
ng_!ion gste§==£Qnstruction--1973 1st ~~~
~ 195i
See notes following RCW 84.52.043.
and the unorganized militia.
[ 1973 1st
ex.s.
c
154 § 55; 1963 c 74 § 1; 1943 c
130 § 2; Rem. Supp. 1943 § 8603-2.
Prior:
1917 c 107 § 1; 1909 c 134 § 2; 1895 c 108
§ 2. ]
Chapter 36.95
TELEVISION RECEPTION IMPROVEMENT DISTRICTS
2~gbili!Y
12.ll 1§.!: §!.A.:.§.:. £ 154i
note following RCW 2.12.030.
36.95.170
Q!21RI£! BOARD--BONDING Q!
MEMBERS~
[1971 ex.s. -c 15S--§--17:)- Repealed by 1973 c 55 § 1.
£,Sll!§!ructiQ!! of reE~~..;. "Section
1 of
this act shall not have the effect of
terminating, or in any way modifying, any
liability which shall already be in existence at the date this act becomes effective." [ 1973 c 55 § 2. ]
Chapter 38.20
ARMORIES AND RIFLE RANGES
Sections added, amended, or repealed:
~Q!!
38.04.030
£halll~~
chapte~
38.52.300
.£],aims sM
CO.!!!.E~n§atio&,
En£Qll.!!!gn.!:
21
Per~.:..
Commander-in-chief may order
enrollment.
38.5l
38.52.030
!lan~§..:.
Payment of military claims.
.J8. 44
38.44.010
Ar.!!!Qrig§ _snd Rifle
Regulations governing armories.
.£ha.E.t.tl ].§. 24
38.24.010
g.rovi§iQ!!2..:.
Composition of the militia.
£ha.I11;tl .J.§..:.lQ
38.20.010
~g.J.
~rggn£I
38.20.010
REGULATIONS GOVERNING ARMORState ownea-ariOries-;ay~e-usea-for
strictly military purposes:
PROVIDED,
That one room may be set aside for the
exclusive use of bona fide veteran organizations subject to the direction of the
officer in charge thereof,
together with
necessary furniture, heat, light and janitor service, and the members of such
veteran organizations and their auxiliaries shall have access to said room and
the use thereof at all times: PROVIDED,
FURTHER, That any bona fide veterans'
organization may be permitted the use of
any state armory for athletic and social
events at such times as any such armory
shall not be required for the use of units
of the organized militia, without the
payment of rent, but the adjutant general
may require such veterans' organization to
pay the cost of heating, lighting or other
miscellaneous expenses incidental to such
use:
PROVIDED, ALSO, The adjutant general
may, during an emergency, permit transient
lodging of service personnel in armories:
PROVIDED FURTHER, That any civilian rifle
club affiliated with the National Rifle
Association of America shall be permitted
to use the rifle range in such armories at
least one night each week under regulations prescribed by the adjutant general:
PROVIDED, ALSO, That state owned armories
shall be available, at the discretion of
the adjutant general, for use for casual
civic purposes, amateur and professional
sports and theatricals upon payment of
fixed rental charges and compliance with
regulations of the state military department: PROVIDED,
HOWEVER,
That children
attending primary and high schools shall
have a preferential right to use said
armories.
The adjutant general shall
cause to be prepared a schedule of rental
charges for each state owned armory which
may not be waived except for activities of
units of the organized militia, and no
state owned armory shall be rented for a
term longer than that which intervenes
between regularly authorized formations of
units of the organized militia using such
armory. The revenue derived from armory
rentals shall constitute a special fund
from which the state military department
shall pay, or cause to be paid, expenses
incident to such use or maintenance and
operation of armories. [1973 1st ex.s. c
154 § 56; 1963 c 149 § 1; 1949 c 125 § 1;
1947 c 204 § 1; 1943 c 130 § 93; Rem.
!!2..:.
TITLE 38
MILITIA AND MILITARY AFFAIRS
£ha.Q1;,g
See
§ervices.
Department of emergency services created~Director, powers
and duties--communications coordinating committee--State coordinator of search and rescue
operations.
Right of action against third
party.
Chapter 38. 04
GENERAL PROVISIONS
38.04.030
COMPOSITION Ql 1~~ Mit!IIA~
The militia of the state of Washington
shall consist of all able bodied citizens
of the United States and all other able
bodied persons who have or shall have
declared their intention to become citizens of the United States, residing within
this state, who shall be more than eighteen years of age, and shall include all
persons who are members of the national
guard, and said militia shall be divided
into two classes, the organized militia
( 304
]
38.52.030
EMERGENCY SERVICES
-------------------------------------------------------------supp. 1949 § 8603-93. Prior:
1923 c 49 §
5; 1917 c 8 § 1; 1909 c 134 § 97; 1907 c
55§ 11; 1903 c 115 §§ 19, 20.]
~~!ersbility
1~73
12!
~~2~
£ 154;
see
note following RCW 2.12.030.
the third copy for himself.
[1973 1st
ex.s. c 154 § 57; 1909 c 134 § 4; 1895 c
108 § 4; RRS § 8456.]
~~!!ill.li.li!.Y-..1273
~x. s.
£ 1.2.!±-L
See
Chapter 38.52
EMERGENCY SERVICES
Chapter 38.24
CLAIMS AND COMPENSATION
38.24.010
PAYMENT Qf ~ILI!!SI ~~AI~~~
All bills, claims-and demands for military
purposes shall be certified or verified
and audited in the manner prescribed by
regulations promulgated by the governor
and shall be paid by the state treasurer
from funds available for that purpose:
PROVIDED, HOWEVER, That in all cases where
the organized militia, or any part thereof, is called into the service of the
state in case of war, riot, insurrection,
invasion, breach of the peace, or to
execute or enforce the laws, warrants for
allowed pay and expenses for such services
or compensation for injuries or death
shall be drawn upon the general fund of
the state treasury and paid out of any
moneys in said fund not otherwise appropriated. All such warrants shall be the
obligation of the state and shall bear
interest at the legal rate from the date
of their presentation for payment.
[1973
c 106 § 14; 1943 c 130 § 42; Rem. Supp.
1943 § 8603-42. Prior:
1917 c 107 § 36;
1909 c 134 § 56, part; 1895 c 108 § 91,
part. ]
Chapter 38.44
ENROLLMENT OF PERSONS
38.44.010
COMMANDER-IN-CHIEF MAY ORDER
ENROLLMENT.
ihenever-~he--commander-in~
~hief--shall deem it necessary, in event
of, or imminent danger of war, insurrection, rebellion, invasion, tumult, riot,
resistance to law or process or breach of
the peace, he may order an enrollment by
counties of all persons subject to military ~uty, designating the county assessor
or some other person for each county to
act as county enrolling officer.
Each
county enrolling officer may appoint such
assistant or assistants as may be authorized by the commander-in-chief. In each
county the enrollment shall include every
sane able bodied inhabitant not under
sentence for an infamous crime, who is
more than eighteen and less than fortyfive years of age. The enrollment shall
be made in triplicate and shall state the
name, residence, age, occupation and previous or existing military or naval service
of
each
person enrolled.
When
complete the rolls shall be verified under
oath by the enrolling officer, who shall
immediately thereupon file one copy with
the adjutant general of the state and
another with the county auditor, retaining
1 97 3 RCW SUPP.
121
note following RCW 2.12.030.
38.52.030
DEf!RTMENT
Q£.
_g_n_gsg,NCY
!ND
COli.::
MI.I!EE==~!!!! COQSDINATQ!!
Q!: ~EA!!~!! ANQ
RE~Y]
QR]!iA!lQE~~
(1)
There is hereby
created within the executive branch of the
state government a department of emergency
services and a director of
emergency
services (hereinafter called the director)
who shall be the head thereof.
The
director shall be appointed by the governor with the advice and consent of the
senate; the director shall not hold any
other state office; the director shall
hold office during the pleasure of the
governor, and shall be compensated at the
rate established by the governor's advisory committee on salaries and wages.
(2)
The director may employ such technical, clerical, stenographic, and other
personnel and
may make such expenditures
within the appropriation therefor, or from
other funds made available for purposes of
emergency services, as may be necessary to
carry out the purposes of this chapter.
(3)
The director and other personnel of
the department shall be provided with
appropriate
office
space,
furniture,
equipment,
supplies,
stationery,
and
printing in the same manner as provided
for personnel of other state agencies.
(4)
The director, subject to the direction and control of the governor, shall be
the executive head of the department and
shall be responsible to the governor for
carrying out the program for emergency
services of this state.
The director
shalr coordinate the activities of all
organizations for emergency services within the state, and shall maintain liaison
with and cooperate with emergency services
agencies and organizations of other states
and of the federal government, and shall
have such additional authority,
duties,
and responsibilities authorized by this
chapter, as may be prescribed by the
governor.
(5)
The director shall appoint a communications coordinating committee consisting of six persons with the director as
chairman thereof.
Three of the members
shall be appointed from qualified, trained
and experienced telephone communications
administrators or engineers actively engaged in such work within the state of
Washington at the time of appointment, and
three of the members shall be appointed
from qualified, trained and experienced
radio communication administrators or engineers actively engaged in such work
~~RV!~ES
~li~!TED--DJRECTO£L
POW~S~
DUI,!ES=CO,t111Q,NIC!!IONS ~QQ!iDINAT!NG
( 305 1
38.52.030
MILITIA AND MILITARY AFFAIRS
----------------------------------------------------------~----------------------~-----
within the state of Washington at the time
of appointment.
This committee shall be
given full and complete authority over all
plans for the direction and control of any
communications facilities or functions to
be operated or controlled under the provisions of this chapter by the department of
emergency services, except supplemental
emergency communications facilities under
the direction of any local organization
for emergency services.
(6)
The director shall appoint a state
coordinator of search and rescue operations, who shall coordinate those state
resources, services and facilities
(other
than those for which the state director of
aeronautics is directly responsible)
requested by political subdivisions in support of search and rescue operations,
and
who shall on request maintain liaison with
and coordinate the resources,
services,
and facilities of political subdivisions
when more than one political subdivision
is engaged in joint search and rescue
operations.
(1973 1st ex.s. c 154 § 58;
1967 c 203 § 3; 1951 c 178 § 4.]
39.04.120
39.04.130
Pollution and preservation of
natural resources laws to be
included in bidding invita•
tions--Change orders--costs-Arbitration.
Application of RCW 39.04.120.
Chapte£ 39.1£
.12!!.:.
39.16.005
Employment of resident employees~Percentage specified-Wages.
ch~ig£ 39.JI
tion
39.34.020
f_hapter
39.53.040
39.53.060
39.53.0?0
39.53.100
39.53.140
See
[ 306 ]
I~i~governn!!itl. !2.i.~;>osi­
PrQ£erty.!.
Jnterloca.J. COO,P.!rrsli2.!! .!£!.!.
Definitions.
,gefunding j!Qllg Ach
Definitions.
Bonds may be exchanged for outstanding bonds or sold.
What bonds may be refunded-Advance refunding, redemption
times for refunding and refunded bonds--Redemption premiums.
Application of proceeds of sale
of advance refunding bonds and
other funds--Investment in government obligations--Incidental
expenses.
Application of proceeds of sale
of advance refunding bonds and
other funds-contracts for
safe-keeping and application-Use to pay and secure advanc~
refunding bonds-Pledge of revenues--Duty to provide sufficient money to accomplish
refunding.
Use of deposit moneys and investments in computing
indebtedness.
Issuance of general obligation
bonds to refund revenue
obligations.
~
gubli£ I!!nd_2:::;Qepo§its and
Inyes,l~nt§::=.f.!!Qli~ De.PQsitaries.
39.58.010
39.58.020
Sections added, amended, or repealed:
Qf
Sale, exchange, transfer, lease
of public property authorized-Section deemed alternative.
12.:..21
39.53.010
39.53.030
Chllte£
TITLE 39
PUBLIC CONTRACTS AND INDEBTEDNESS
fybli£
Penalty for false certificateUnpaid wages lien against contractor's bond.
ChgJ?.ig£ .J2~.J~
~tl~.sl?ility
197 3 1.2! ~ £
note following RCW 2.12.030.
Q~
39.12.050
39.33.010
38.52.300
RIGHT OF
AC1JQ!
!Q!1]~1
THIRD PA~ If the injury to an emergency services worker is due to the negligence or wrong of another not on emergency
services duty, the injured worker, or if
death results from the injury, the surviving spouse, children,
parents or dependents, as the case may be, shall elect
whether to take under this chapter or seek
a remedy against such other, such election
to be in advance of any suit under this
chapter; and if the surviving spouse takes
under this chapter, the cause of action
against such other shall be assigned to
the department of emergency services; if
the other choice is made, the compensation
under this chapter shall be only the
deficiency,
if any, between the amount of
recovery against such third person actually collected, and the compensation provided or estimated for such case
under
authority of this chapter: PROVIDED, That
the department of emergency services shall
prosecute all claims assigned to it and do
any and all things necessary to recover on
behalf of the state any and all amounts
which an employer or insurance carrier
might recover under the provisions of the
law. [1973 1st ex.s. c 154 §59;
1953 c
223 § 14. ]
R£gYSiling Wages
!Q.£!.2~
Definitions.
Public deposits-Protection
against loss.
RESIDENT EMPLOYEES ON PUBLIC WORKS
39.16.005
--------------------------------------------------------------------------------------39.58.050
39.58.060
39.58.070
Collateral for deposits--Segregation--Eligible securities-Investigations.
Losses~Procedure for payment.
Subrogation of commission to
depositor•s rights--sums received from distribution of
assets, payment.
Chapter 39.04
PUBLIC WORKS
39.04.120
POLLUTION AND fRE~AT!Q~
OF NATURAL RESOURCE~ LAWS-TO BE INCLUDED
!i !!IDDINQ-lE.Y.IIATI2is _cHAJ:i§.~ oiiofis :
~Q§TS==AR!!IIR!IIQ~
All invitations for
bid
proposals for public construction
projects
issued
by
the
state
of
washington, its authorities or agencies,
or any political subdivision of the state,
shall set forth in the contract documents
to the extent they are reasonably obtainable by the public awarding authority
those provisions of federal,
state and
local statutes, ordinances and regulations
dealing with the prevention of environmental pollution and the preservation of
public natural resources that affect or
are affected by the projects.
If the
successful bidder must undertake additional work due to the enactment of new or the
amenqment of existing statutes,
ordi~
nances, rules or regulations occurring
after the submission of the successful
bid, the awarding agency shall issue a
change order setting forth the additional
work that must be undertaken, which shall
not invalidate the contract. The cost of
such a change order to the awarding agency
shall be determined in accordance with the
prov1s1ons of the contract for change
orders or force accounts or, if no such
provision is set forth in the contract,
then the cost to the awarding agency shall
be the contractor's costs for wages, labor
costs other than wages, wage taxes,
materials, equipment rentals, insurance, and
subcontracts attributable to the additional activity plus a reasonable sum for
overhead and profit: PROVIDED, That such
additional costs to undertake work not
specified in the contract documents shall
not be approved unless written authorization is given the successful bidder prior
to his undertaking such additional activity. In the event of a dispute between the
awarding agency and the successful bidder,
arbitration procedures may be commenced
under the applicable terms of the construct~on contract, or,
if the contract
contains no such provision for arbitration, the then obtaining rules of the
American arbitration association. (1973
1 st ex. s. c 6 2 § 1 • ]
Cross Reference:
Delay due to litigation, change orders,
costs,
arbitration,
termination:
RCW
60.28.080.
1973 RCW SUPP.
(
~,g~Is!U.l:i11=121.J 1st ,g.!~§.L £ §2:
"If
provision or
part of this 1973 act
shall be judged to be invalid or unconstitutional,
such adjudication shall not
affect the validity of any provision or
part of this 1973 act not adjudged invalid
or unconstitutional." ( 1973 1st ex.s. c
62 § 4.] This applies to RCW 39.04.120,
39.04.130 and 60.28.080.
~ny
39.04.130
AfPLIC!I!QJ:i Qf ~£~ ~Q£=
.120.
RCW 39.04.120 shall take effect in
ninety days but shall not apply to any
contract awarded pursuant to an invitation
for bids issued on or before the date it
takes effect,
or to any persons or bonds
in respect of any such contract.
(1973
1st ex.s. c 62 § 2.]
Chapter 39.12
PREVAILING WAGES ON PUBLIC WORKS
39.12.050
PENALT.! FO~ fALSE CE.S.TI£:1.=
QTE==.Y.liRAIQ ~GE~ 1IEl! AQ.li~I mlfTR!.f.=
TOR'S
BOND.
Any
contractor
or
subcontractor- who shall upon his oath
verify any statement required to be filed
under this chapter which is known by him
to be false, or is made without knowl~dge
in reckless disregard of the truth, shall,
after a finding to that effect in a
hearing
held by the director of the
department of labor and industries,
subject to the provisions of chapter 34.04
RCW, be subject to a civil penalty not to
exceed five hundred dollars, and shall not
be permitted to bid on any
contract
covered by the provisions of this chapter
until such penalty has been paid in full
to the director.
To the extent that a contractor or subcontractor has not paid wages at the rate
required by this chapter, and a finding to
that effect has been made as provided by
this section,
such unpaid wages shall
constitute a lien of the first priority
against such contractor's or subcontractor's bond according to the provisions of
RCW 18.27.040. [1973 c 120 J 1; 1945 c 63
§ 5; Rem. Supp. 1945 § 10322-24. ]
Chapter 39 • 1 6
RESIDENT EMPLOYEES ON PUBLIC WORKS
39.16.005
EMPLOYMENT OF RESIDENT ~tt=
PLOYEES-~PERCENTAGE-~PECIFIED::iAGES.
In
all-contracts-let-by thestate,--c;r:- any
department thereof, or any county, city.
or town for the erection, construction,
alteration, demolition, or repair of any
public building, structure, bridge, highway,
or any other kind of public work or
improvement, the contractor or subcontractor shall employ ninety-five percent or
more bona fide Washington residents as
employees where more than forty persons
are employed, and ninety percent or more
307 ]
39.16.1)05
PUBLIC CONTRACTS AND INDEBTEDNESS
--------------------------------------------------------------------------------------bona fide Washington residents as employees
where forty or less persons are
employed. The contractor shall pay the
standard prevailing wages for the specific
type of construction as determined by the
United States department of labor in the
city or county where the work is being
performed.
The term "resident", as used
in this chapter, shall mean any person who
has been a bona fide resident of the state
of Washington for a period of ninety days
prior to such employment: PROVIDED, That
in contracts involving the expenditure of
federal aid funds this chapter shall not
be enforced in such manner to conflict
with or be contrary to the federal statutes, rules, and regulations prescribing a
labor preference to honorably discharged
soldiers, sailors, and marines, or prohibiting as unlawful any other preference or
discrimination among the citizens of the
tinited States:
PROVIDED FURTHER, That
this section shall not apply to
any
employees vhc are residents of any state
bordering on the state of Washington if
such bordering state does not restrict the
right of a resident of washington to be
employed in the performance of all contracts let by the bordering state, or any
department thereof, or any county, city,
or town for the erection, construction,
alteration, demolition, or repair of any
public building, structure, bridge, highway, or any other kind of public work or
improvement. [1973 1st ex.s. c 29 § 1;
1972 ex.s. c 28 § 1.)
any other powers vested in the state,
municipalities or political subdivisions.
(3) No
intergovernmental
transfer,
lease, or other disposition of property
made pursuant to any other provision of
law
prior to May 23, 1972 shall be
construed to be invalid solely because the
parties thereto did not comply with the
procedures of this section. [1973 c 109 §
1; 1972 ex.s. c 95 § 1; 1953 c 133 § 1.]
Chapter 39.33
INTERGOVERNMENTAL DISPOSITION OF PROPERTY
39.53.010
~FINITIQlih
Except where
the context otherwise requires, the terms
define(! in this section shall for all
purposes
have
the
meanings
herein
specified:
(1)
"Governing body" means the council,
commission, board of commissioners, board
of directors, board of trustees, board of
regents, or other legislative body of the
public body designated herein in which
body the legislative powers of the public
body are vested:
PROVIDED, That with
respect to the state it shall mean the
state financ·e committee.
(2)
"Public body" means the state of
Washington, its agencies, institutions,
political subdivisions, and municipal and
quasi municipal corporations now or hereafter existing under the laws of the state
of 'iiashington.
(3)
"Bond" means any revenue bond or
general obligation bond.
(4)
"Revenue bond" means any
bond,
note,
warrant, certificate of indebtedness, or other obligation for the payment
of money issued by a public body or any
predecessor of any public body and which
is payable from designated revenues or a
special fund but excluding any obligation
constituting an indebtedness within the
meaning of the constitutional debt limitation and any obligation payable solely
from special assessments or special assessments and a guaranty fund.
39.33.010
SAL~
]X£fl!]Q~L
lB!]SFERL
LEASE QI fUBL,li fliQf.]lli M!I.!iQ!ilZED-_§EC=.
,IION illMED !1.IERNATIVE..!.
(1) The state or
any municipality or any political subdivision thereof, may sell, transfer, exchange, lease or otherwise dispose of any
property. real or personal, or property
rights,
including but not limited to the
title to real property, to the state or
any municipality or any political subdivision thereof, or the federal government,
on such terms and conditions as may be
mutually agreed upon by the proper authorities of the state and/or the subdivisions
concerned: PROVIDED, That such property is
determined by deere~ of the superior court
in the county where such property is
located, after publication of notice of
hearing is given as fixed and directed by
such court, to be either necessary, or
surplus or excess to the future foreseeable
needs of the state or of such
municipality or any political subdivision
thereof concerned, which requests authority to transfer such property.
(2) This section shall be deemed to
provide an alternative method for the
doing of the things authorized herein, and
shall not be construed as imposing any
additional condition upon the exercise of
Chapter 39.34
INTERLOCAL COOPERATION ACT
39.34.020
DEFINITIONS.
For the purposes of this-chapter:-the term "public
agency" shall mean any city, town, county,
public utility district, port district,
fire protection district, school district,
air pollution control authority, Indian
tribe recognized as such by the federal
government, or metropolitan municipal corporation of this state; any agency of the
state government or of the United States;
and any political subdivision of another
state.
The term "state" shall mean a state of
the United states. [1973 c 34 § 1; 1971 c
33 § 1; 1969 c 88 § 1; 1969 c 40 § 1; 1967
c 239 § 3. ]
Chapter 39.53
REFUNDING BOND ACT
[ 308 ]
REFUNDING BOND ACT
39.53.070
--------------------------------------------------------------------------------------(5) "General obligation bond" means any
bond, note, warrant, certificate of indebtedness, or other obligation of
a
public body which constitutes an indebtedness within the meaning of the constitutional debt limitation.
(6) "Advance refunding bonds"
means
bonds issued for the purpose of refunding
bonds first subject to redemption
or
maturing one year or more from the date of
the advance refunding bonds.
(7) "Issuer" means the public body issuing any bond or bonds.
(8) "Ordinance" means an ordinance of a
city or town or resolution or
other
instrument by which the governing body of
the public body exercising any
power
hereunder takes formal action and adopts
legislative provisions and matters of some
permanency.
(9) "Government obligations" means any
of the following:
(a) Direct obligations
of, or obligations the principal of and
interest
on which are unconditionally
guaranteed by the United states of America
and bank certificates of deposit secured
by such obligations;
(b) bonds, debentures, notes, participation certificates,
or other obligations issued by the banks
for cooperatives, the federal intermediate
credit bank, the federal home loan bank
system, the export-import bank of the
United States, federal land banks, or the
federal national mortgage association; (c)
public housing bonds and project notes
fully secured by contracts with the United
States; and (d) obligations of financial
institutions insured by the federal deposit insurance corporation or the federal
savings and loan insurance corporation, to
the extent insured or to the
extent
guaranteed as permitted under any other
provision of state law.
(10) Words used herein importing singular or plural number may be construed so
that one number includes both. [1973 1st
ex.s. c 25 § 1; 1965 ex.s. c 138 § 2.]
39.53.030
~ONDS
MAY
BE YQ!ANG]J2 FO_E
OUTSTANDING ~QND2 OR 2QLD.
Any bonds
Issue-d--for refunding purposes may be
delivered in exchange for the outstanding
bonds being refunded or may be sold in
such manner and at such price as the
governing
body may in its discretion
determine advisable. [ 1973 1st ex.s. c 25
§ 2; 1965 ex. s. c 138 § 4. ]
under this chapter the governing body
shall provide irrevocably in the ordinance
authorizing the issuance of the advance
refunding bonds for the redemption of the
bonds to be refunded not later than six
months
from the date they are first
subject to redemption at par or fifteen
years from the date of issuance of the
refunding bonds, whichever is sooner.
The ordinance authorizing the issuance
of advance refunding bonds pursuant to
this chapter shall contain a provision
that such bonds shall be subject
to
redemption not later than five years from
date of such bonds or six months after the
first date on which the bonds to be
refunded may be redeemed, whichever is
later.
If more than one issue or series
of bonds are being refunded by a single
issue
or series of advance refunding
bonds, such advance refunding bonds must
be subject to redemption not later than
five years from date of issue or six
months after the first date on which the
series or issue of bonds being refunded
having the latest first redemption date
may be redeemed. The governing body may
fix any redemption premium or premiums as
it may in its discretion determine advisable.
[ 1973 1st ex.s. c 25 § 3; 1965
ex.s. c 138 § 5.]
39.53.060
AP~!!IO!
Qf fBQ.Q;~DS Q!
2!1~ Qf ADVAN£~ RE1Q@INQ ]Ql!Q2 !li.J2
.Q!.!rn_E
FUNJ2S--_JNVESTM~NI
Ili QOV~ENI Q~11Q!=
TI.Q.N2=:-INCIQID!TA1 EXfiDillES.,:. Prior to the
application of the proceeds derived from
the sale of advance refunding bonds to the
purposes for which such bonds shall have
been issued, such proceeds, together with
any other funds the governing body may set
aside for the payment of the bonds to be
refunded, may be invested and reinvested
only in government obligations maturing or
having guaranteed redemption prices at the
option of the bolder at such time or times
as
may be required to provide funds
sufficient to pay principal, interest and
redemption premiums, if any, in accordance
with the advance refunding plan.
To the
extent incidental expenses have been capitalized, such bond proceeds may be used to
defray such expenses. [1973 1st ex.s. c
25 § 4; 1965 ex.s. c 138 § 7.]
39.53.070
APf1l£!IION OF fBQ£]~.]2~ Qf
Q! ADVA.!fCE !l]f.J!NDINQ ]QND2 !NJ2 .QIHE_E
FUNDS--CONTRACTS FOR SAFEKEEPING AND APPLlfATION USE IQ PAI AN!i SECOR~- ADVAN£~
REFUNDING BONDS--PLEDGE OF REVENUES--DUTY
TO-PRoVIDE SUFFICIENTMONEY TO--ACCOMPLISH
REFoiD!NG: --The--governing ~ody-mai-con:
tract with respect to the safekeeping and
application of the advance refunding bond
proceeds and other funds included therewith and the income therefrom including
the right to appoint a trustee which may
be any trust company or state or national
bank having powers of a trust company
within or without the state of washington.
2!1~
39.53.040
~HAt BONQ2 MAY BE REFUNDED==
ADVAN.Q; REFUND.IlHi&. REDE11f.IJQN TIME2 fQ_E
REFUNm]Q !1m ]]FUND].Q ]ONJ2~=~lliON
PREMI~2~
Bonds may be refunded hereunder
or under any other law of this state which
authorizes the issuance of refunding bonds
when the holders thereof voluntarily surrender them for exchange or payment, or,
if they mature or are subject to redemption prior to maturity within fifteen
years from the date of the refunding
bonds.
In any advance refunding plan
1 973 RCW SUPP.
[ 309 ]
39.53.070
-----------------
PUBLIC CONTRACTS AND INDEBTEDNESS
--------------------------- ------------------------------
The governing body may provide in the
refunding plan that until such moneys are
required to redeem or retire the general
obligation or revenue bonds to be refunded, the refunding bond proceeds and other
funds, and the income therefrom shall be
used to pay and secure the payment of the
principal of and interest on the advance
refunding bonds. The governing body may
additionally pledge for the payment of
such revenue refunding bonds any revenues
which might legally be pledged for the
payment of revenue bonds of the issuer of
the type being refunded.
Provisions must
be made by the governing body for moneys
sufficient in amount to accomplish the
refunding as scheduled. (1973 1st ex.s. c
25 § 5; 1965 ex.s. c 138 § 8.]
39.53.100
~ Q1
QEfQ~
MONEYS A]]
.INVESID.NTS I.N fQMPUT!~ !NDEBTE~.!.. In
computing indebtedness for the purpose of
any constitutional or statutory debt limitation there shall be deducted from the
amount of outstanding indebtedness the
amounts of money and investments credited
to or on deposit for general obligation
bond retirement. [1973 1st ex.s. c 25 §
6; 1965 ex.s. c 138 § 11.)
~UA]f~ OF GENEEA1
Q]bJGA=
IQ .HEFUJill .BM.ll!!!! Q.!!LIGA.IIONS.:.
The state may issue general obligation
bonds to refund any special revenue obligations of the state at or prior to the
date they mature or are subject to redemption. [ 1973 1st ex.s. c 25 § 7.]
39.53.140
IIQl!
.!!Q.H~
public deposits as described in RCW 39.58.050 as now or hereafter amended;
(3)
"Loss" means issuance of an order
of supervisory authority restraining a
qualified public depositary from making
payments of deposit liabilities or the
appointment of a receiver for a qualified
public depositary;
11 Commission" means
(4)
the Washington
public deposit protection commission created under RCW 39.58.030;
(5)
"Eligible collateral" means collateral which is eligible as security for
public deposits pursuant to applicable
state law;
(6)
The "maximum liability" of a qualified public depositary means a sum equal
to five percent of all public deposits
held by the qualified public depositary as
determined by the average of the balances
of said public deposits on the last four
immediately
preceding reports required
pursuant to RCW 39.58.100, less any assessments made under this chapter;
(7)
"Public funds available for investment" means such public funds as are in
excess of the anticipated cash
needs
throughout the duration of the contemplated investment period;
(8)
"Investment deposits" means bank
time deposits of public funds available
for investment;
(9)
"Treasurer" shall mean the state
treasurer, a county treasurer, a city
treasurer, a treasurer of any other municipal corporation, and the custodian of any
other public funds. [1973 c 126 § 9; 1969
ex.s. c 193 § 1.1
cross Reference:
Surplus funds in state treasury, investment program: Chapter 43.86 RCW •
39.58.020
PUBLIC Q~PO§I:r§==EBQl~CTJQ~
LOSb on and after August 11,
1969, all public deposits in qualified
public depositaries, including investment
deposits and accrued interest thereon,
shall be protected against loss, as provided in this chapter. [1973 c 126 § 10;
1969 ex.s. c 193 § 2.)
39.58.010
.QM:!!f!IIONS.:.
In this chapunless
the
context
otherwise
ter,
requires:
(1)
"Public deposit" means moneys of
the state or of any county, city or town,
or other political subdivision of the
state or any commission, committee, board
or officer thereof or any court of the
state deposited in any qualified public
depositary, including moneys
held
as
trustee, agent, or bailee by the state,
any county, city or town, or other political subdivision of the state, or any
commission, committee,
board or office
thereof or any court of the state, when
deposited
in
any
qualified
public
depositary;
(2)
"Qualified public depositary" means
a state bank or trust company or national
banking association located in this state
which receives or holds public deposits
and segregates eligible collateral for
39.58.050
COLLATERAL FOR
DEPOSITS-SEGREGATION--ELIGIBLE SECURITIES::INVESTi=
GATIO.Nb
(1)--Every-qualified public
depositary shall at all times maintain,
segregated from its other assets, eligible
collateral
in the form of securities
enumerated in this section having a value
at least equal to its maximum liability
under this chapter. such collateral may
be segregated by deposit in the trust
department of the depositary or in such
other manner as the commission approves
and shall be clearly designated as security for the benefit of public depositors
under this chapter.
(2)
Securities eligible as collateral shall be valued at
face value or market value as determined
by the commission.
(3) The depositary
shall have the right to make substitutions
of such collateral at any time.
(4) The
income from the securities which have been
Chapter 39.58
PUBLIC FUNDS--DEPOSITS AND INVESTMENTS-PUBLIC DEPOSITARIES
AG!~!
[ 310 )
PUBLIC FUNDS--DEPOSITS AND INVESTMENTS--PUBLIC DEPOSITARIES
39.58.070
--------------------------------------------------------------------------------------39.58.060
LO~~~==fSOCEDQB] lOR
iA!=
MENT.
When the commission determines that
a-Ioss has occurred, it shall as soon as
possible make payment to the proper public
officers of all funds subject to such
loss,
pursuant to the following procedures: ( 1) For the purposes of determining
the sums to be paid, the supervisor of
banking or receiver shall, within twenty
days after issuance of a restraining order
or taking possession of any qualified
public depositary, ascertain the amount of
public funds on deposit therein as disclosed by its records and the amount
thereof covered by deposit insurance and
certify the amounts thereof to the commission and each such public depositor;
{2)
within ten days after receipt of such
certification, each such public depositor
shall furnish to the commission verified
statements of its deposits in such depositary as disclosed by its records; (3) upon
receipt of such certificate and statements,
the commission shall ascertain and
fix the amount of such public deposits,
net after deduction of any deposit insurance, and assess the same against all then
qualified public depositaries, as follows:
First, against the depositary in which the
loss occurred, to the extent of the full
value of collateral segregated pursuant to
this chapter;
second, against all other
then qualified public depositaries
in
proportion
to their maximum liability
which existed at the date of loss;
(4}
assessments made by the commission shall
be payable on the second business day
following demand,
and in case of the
failure of any qualified public depositary
so to pay, the commission shall forthwith
take possession of the securities segregated as collateral by such depositary
pursuant to this chapter and liquidate the
same
for the purpose of paying such
assessment;
(5)
upon receipt of
such
assessment payments, the commission shall
reimburse the public depositors of the
depositary in which the loss occurred to
the extent of the depositary's net deposit
liability to them,
(1973 c 126 § 12; 1969
ex • s • c 19 3 § 6 • 1
segregated as collateral shall belong to
the depositary bank without restriction.
Each of the following enumerated classes
of securities, providing there has been no
default in the payment of principal or
interest thereon, shall be eligible to
qualify as collateral:
(a)
Bonds, notes,
or other securities
constituting direct and general obliga~
tions of the United States or the bonds,
notes, or other securities constituting
the direct and general obligation of any
instrumentality of the United states,
the
interest and principal of which is unconditionally guaranteed
by
the
United
States;
(b) (i) Direct and general obligation
bonds
and
warrants of the state of
washington or of any other state of the
United States;
(ii)
Revenue bonds of this state or any
authority, board, commission, committee,
or similar agency thereof;
(c)
Direct and general obligation bonds
and warrants of any city, town, county,
school district,
port district, or other
political subdivision of the state, having
the power to levy general taxes, which are
payable from general ad valorem taxes:
(d)
Bonds issued by public utility districts as authorized under the provisions
of Title 54 RCW, as now or hereafter
amended;
(e)
Bonds of any city of the state of
washington for the payment of which the
entire revenues of the city's water system, power and light system, or both, less
maintenance and operating costs, are irrevocably pledged, even though such bonds
are not general obligations of such city;
(f)
In addition to the securities enumerated in subsections (a) through (e)
of
this section, every public depositary may
also segregate such bonds, securities and
other obligations as are designated to be
authorized security for all public deposits pursuant to RCW 35.58.510, 35.81.110,
35.82.220, 39.60.030, 39.60.040 and 54.24~
.120, as now or hereafter amended.
The commission may at any time or times
declare any particular security as ineligible to qualify as collateral when in the
commission's judgment it is deemed desirable to do so.
The commission may require the state
auditor or the supervisor of banking to
thoroughly investigate and report to it
concerning the condition of any bank which
makes application to become a qualified
public depositary for state funds, and may
also as often as it deems
necessary
require
such investigation and report
concerning the condition of any bank which
has been designated as such depositary,
with the expense of the investigation to
be borne by the depositary examined. In
lieu of such investigation or report,
the
commission may rely upon reports made
available to it by the comptroller of the
currency and the director of the federal
deposit insurance corporation.
(1973 c
126 § 11; 1969 ex.s. c 193 § 5.]
1973 RCW SUPP.
[
39.58.070
SU~RQQATIO]
DEPO~l~
£IG!!I2_::~UM~
OF COMMISSION IQ
fiECJ:;IY~J2.
FRQ!l
DI~TRIBUTION
OF A~2!TSL R_AYMENT.:..
Upon
payment to any public depositor,
the
comm~ssion
shall be subrogated to all of
such depositor's right, title and interest
against the depositary in which the loss
occurred and shall share in any distribution of its assets ratably with other
depositors.
Any sums received from any
distribution shall be paid to the public
depositors to the extent of any unpaid net
deposit liability and the balance remaining shall be paid to the qualified public
depositaries
against which assessmen~s
were made, pro rata in proportion to the
assessments actually paid by each such
depositary: PROVIDED, That the depositary
in which the loss occurred shall not share
311
]
39.58.070
PUBLIC CONTRACTS AND INDEBTEDNESS
-------------------
--------------------------------------------------------------
in any such distribution of the balance
remaining.
If the commission incurs expense in enforcing any such claim,
the
amount thereof shall be paid as a liquidation expense of the depositary in which
the loss occurred. ( 1973 c 126 § 13; 1969
ex.s. c 193 § 7.]
TITLE ~0
PUBLIC DOCUMENTS, RECORDS AND PUBLICATIONS
sections added, amended, or repealed:
40.04.040
~0.04.090
40.0~.100
Session laws--Distribution,
sale, exchange--Duties of law
librarian and county auditor-Surplus copies, sale, price.
Legislative journals--Distribution, sale, exchange--Duties of
law librarian~surplus sets,
sale, price.
Supreme court and court of appeals reports--Distribution,
exchange--Duties of law
librarian.
s;;ha£1~ ~1Q
Mic£.Qf.ilmi.llil Ql
,g~~
.:!;Q
,Rrovi~ ~J!!i.!!.Yit.1 Ql s;;iv..U Gov=
~~nment.
40.10.010
40.10.020
Essential records--Designation--List--security and protection--Reproduction.
Reproduction of records--Storage, safeguarding of reproductions--Fees--Destruction of
originals not authorized.
s;;.M.lll~ ,!!_2.1~
Pr~ygti,2.B ~.Di! I:lestr~
~.fgds~
.:!;ion of Publig
40.14.040
40.14.060
40.14.010
Records officers--Designation-Powers and duties.
Destruction, disposition of
public records, office files
and memoranda.
Destruction of local government
records--Preservation for historical interest--Local records
committee, duties.
s;;.MJ2.tg .!!.!h20
Reprody~ ~gQ~g~
~~D~
~0.20.020
and
Business~
i l l 2.2!=
Reproduction by film or
photograph.
Chapter 40.04
PUBLIC DOCUMENTS
40.04.040
SESSION LAW5--DISTRIBUTIONc
EXCHANGE--DUTIES Q1 ~!j LIBRARIA]
j j ] COUNTY !QDITOR--SURPLUS £QPIE~ ~~
PRICE. Session laws shall be distributed,
sola-and/or exchanged by the state law
librarian as follows:
~]£
[
(1)
Copies shall be given as
follows:
One to each United States senator and
representative in congress
from
this
state; six to the Library of Congress; one
to each United States executive department
as defined by section 1, title 5, of the
United States Code; three to the United
States supreme court library; three to the
library of the circuit court of appeals of
the ninth circuit; one to each United
States district court room within this
state;
one to each office and branch
office of the United States
district
attorneys in this state; one to each state
official whose office is created by the
constitution;
one to the judge advocate's
office at Fort Lewis; one to each member
of the legislature, session law indexer,
secretary and assistant secretary of the
senate, chief clerk and the assistant
chief clerk of the house of representatives,
the minute clerk and sergeant-atarms of the two branches of the legislature of the sessions of which they occupied the offices and positions mentioned;
one copy each to the Olympia representatives of the Associated Press and the
United
Press;
two copies to the law
library of the University of Puget Sound
law school; two copies to the law library
of Gonzaga University law school; and two
copies to the law libraries of any accredited law schools as are hereafter established in this state.
(2)
Copies,
for official use
only,
shall be distributed as follows:
One to
each state department and to each division
thereof;
one to each state official whose
office is created by the Constitution,
except the governor who shall receive
three copies; one each to the adjutant
general, the state historical society, the
state bar association, and to each state
institution;
one copy for each assistant
attorney general who maintains his office
in the attorney general's suite, and one
additional copy for his stenographer's
room;
one copy to each prosecuting attorney and one for each of his deputies.
Sufficient copies shall be furnished for
the use of the supreme court and the state
law library as from time to time are
needed.
Eight copies shall be distributed
to the University of washington law library; one copy each to the offices of the
president and the board of regents of the
University of Washington, the dean of the
University of Washington school of law,
and to the University of Washington library;
one copy to the library of each of
the colleges of education (formerly called
the normal schools) ; one copy each to the
president of the Washington State University and to the Washington state University library.
Six copies shall be sent to
the King county law library, and one copy
to each of the county law
libraries
organized pursuant to law in the counties
of the first, second and third class; one
copy to each public library in cities of
the first class, and one copy to the
312 ]
40.04.100
PUBLIC DOCUMENTS
--------------------------------------------------------------------------------------municipal reference branch of the Seattle
public library.
At the convening of each session of the
legislature the state law librarian shall
deliver to the chief clerk of the house of
representatives twenty copies, and to the
secretary of the senate, ten copies, of
the laws of the preceding general session
and of any intervening session for the use
of the legislators during the ensuing
session but which shall be returned to the
state law library at the expiration of the
legislative session.
It shall be the duty of each county
auditor biennially to submit to the state
law librarian a list of county officers,
including the prosecuting attorney and his
regular full time deputies and the justices of the peace and superior court
rooms regularly used by a justice of the
peace or superior court judge, and the
correct number of bound copies of the
session laws necessary for the official
use only of such officers and court rooms
will be sent, transportation collect, to
said county auditor who shall be responsible for the distribution thereof to the
county officials entitled to receive them.
{3)
Surplus copies of the session laws
shall be sold and delivered by the state
law librarian, in which case the price of
the bound volumes shall be four dollars
each. All moneys received from the sale
of such bound volumes of session laws
shall be paid into the state treasury for
the general fund.
{4) The state law librarian is authorized to exchange bound copies of the
session laws for similar laws or legal
materials of other states, territories and
governments, and to make such other and
further distribution of the bound volumes
as in his judgment seems proper. [1973 c
33 § 1; 1969 c 6 § 8; 1941 c 150 § 4; Rem.
Supp. 1941 § 8217-4. Formerly RCW 40.04.040 through 40.04.080.]
Q:QUR!£ALS-DI,2.::
1AW
The
house and senate journals shall be distributed and;or sold by the state law
librarian as follows:
(1)
Sets shall be distributed as follows: One set to each member of the
legislature, secretary and assistant secretary of the senate, chief clerk and
assistant to the chief clerk of the house
of representatives, and to each minute
clerk and sergeant-at-arms of the two
branches of the legislature of which they
occupy the offices and positions mentioned. One to each official whose office
is created by the Constitution, and one to
each state department director;
three
copies to the University of Washington law
library; two copies to the University of
Washington library; one to the King county
law library; one to the washington State
University library; one to the library of
40.04.090
,IRIBU,I!Q!!~
1EGISLA,IJ1£!
SALE~ ]!CH!!!Q~-DQ.I1~2
QI
1IBEARI!!!==§QRP1Q2 SE,I,2~ ,2AL~~ RliiCE~
1973 RCW SUPP.
each of the colleges of education (formerly called the normal schools) ; one to the
law library of Gonzaga University law
school; one to the law library of the
University of Puget Sound law school; one
to the law libraries of any accredited law
school as hereafter established in this
state; and one to each free public library
in the state which requests it.
(2)
A set of the house and senate
journals of the preceding general session,
and of any intervening special session,
shall be placed on the desk of each
legislator for his use during the ensuing
session, which shall be returned to the
state law library at the expiration of the
legislative session; and sufficient sets
shall be retained for the use of the state
law library.
(3)
Surplus sets of the house and senate journals shall be sold and delivered
by the state law librarian, in which case
the price shall be fifteen dollars for
those of the general sessions, and ten
dollars for those of the special sessions,
when separately bound, and the proceeds
therefrom shall be paid to the state
treasurer for the general fund.
(4)
The state law librarian is authorized to exchange copies of the house and
senate journals for similar journals of
other states, territories, and/or governments, or for other legal materials, and
to make such other and further distribution of them as in his judgment seems
proper.
[1973 c 33 § 2; 1941 c 150 § 5;
Rem. Supp. 1941 § 8217-5.]
40.04.100
SUPRM!~
~OURT
APf~AL,2 RERQli!2=-DISTR!~UTIOliL
DUTIES
OF
LAW
LIBRARIAN.
ill
COQ!IT QI
~!£fi!NG~==
The supreme
of appeals
reports shall be distributed by the state
law librarian as follows:
(1)
Each
supreme court justice and
court of appeals judge is entitled to
receive one copy of each volume containing
an opinion signed by him.
(2)
The state law librarian shall retain such copies as are necessary of each
for the benefit of the state law library,
the supreme court and its
subsidiary
offices; and the court of appeals and its
subsidiary offices; he shall provide one
copy each for the official use of the
attorney general and for each assistant
attorney general maintaining his office in
the attorney general's suite; three copies
for the office of prosecuting attorney, in
class A counties; two copies for such
office in first class counties, and one
copy for each other prosecuting attorney;
one for each United States district court
room and every superior court room in this
state if regularly used by a judge of such
courts; one copy for the use of each state
department maintaining a separate office
at the state capitol; one copy to the
office of program planning and fiscal
management, and one copy to the division
of inheritance tax and escheats; one copy
court-report;-and-~he--court
[ 313 ]
40.04.100
PUBLIC DOCUMENTS, RECORDS AND PUBLICATIONS
--------------------------------------------------------------------------------------each to the United States supreme court,
to the United States district attorney's
offices at Seattle and Spokane, to the
office
of the United States attorney
general, th~ library of the circuit court
of appeals of the ninth circuit,
the
Seattle public library, the Tacoma public
library, the Spokane public library, the
university of Washington library, and the
washington State University library; three
copies to the Library of Congress;
and,
for educational purposes, twelve copies to
the University of washington law library,
two copies to the University of Puget
Sound law library, and two copies to the
Gonzaga University law school library and
to such other accredited law school libraries as are hereafter established in
this state; six copies to the King county
law library;
and one copy to each county
law library organized pursuant to law in
class AA counties, class A counties and in
counties of the first, second and third
class.
(3)
The state law librarian is likewise
authorized
to exchange copies of the
supreme court 1:eports and the court of
appeals reports for similar reports of
other states, territories, and/or governments, or for other legal materials, and
to make such other and further distribution as in his
judgment seems proper.
( 1973 c 33 § 3; 1971 c 42 § 3; 1941 c 150
§ 6; Rem. Supp. 1941 § 8217-6.]
Chapter 40.10
MICROFILMING OF RECORDS TO PROVIDE CONTINUITY OF CIVIL GOVERNMENT
40.10.010
~~~ENTIAL
~ECORQ~==]!~IGN!=
:fiON-LISI::-S££URITX AND R!iQ.ll£lliN=RE=
gBQQQ~IIQ]~
In order to provide for the
continuity and preservation of civil government, each elected and appointed officer of the state shall designate those
public documents which are essential records of his office and needed in an
emergency and for the reestablishment of
normal operations after any such emergency.
A list of such records shall be
forwarded to the state archivist
and
director of the department of emergency
services on forms prescribed by the state
archivist. This list shall be reviewed at
least annually by the elected or appointed
officer to insure its completeness. Any
changes or revisions following this review
shall be forwarded to the state archivist
and the director of the department of
emergency services.
Each such elected and
appointed officer of state
government
shall insure that the security of essential records of his office is by the most
economical means commensurate with adequate protection.
Protection of essential
records may be by vaulting, planned or
natural dispersal of copies, or any other
method approved by the state archivist and
the director of the department of emergency services.
Reproductions of essential
records may be by photo copy,
magnetic
tape, microfilm or other method approved
by the state archivist. Local government
offices may coordinate the protection of
their essential records with the state
archivist and director of the department
of emergency services as necessary to
provid~
continuity of local government
under emergency conditions. (1973 c 54 §
1; 1963 c 241 § 1.]
~~gJll_1i1Y=1.273 £ 24:
"'If any provision of this 1973 amendatory act, or its
application to any person or circumstance
is held invalid, the remainder of the act,
or the application of the provision to
other persons or circumstances is not
affected." (1973 c 54§ 6.] This applies
to the 1973 amendments to RCW 40.10.010,
40.10.020,
40.14.040,
40.14.060
and
40.14.070.
.
REfRODQ£IIQM
QI B~~QliQ§==
Q1 BH!ill!!.!l~Ilillf§==
FEES--DESTRQ~IIO!
OF Q~lQIN!b~ BQ1 AQinQ=
RIZ~~
The state archivist is authorized
to reproduce those documents designated as
essential records by the several elected
and appointed officials of the state and
local government by microfilm or other
miniature
photographic process and to
assist and cooperate in the storage and
safeguarding of such reproductions in such
place as is recommended by the director of
the department of emergency services. The
state archivist is authorized to charge
the several departments of the state and
local government the actual cost incurred
in reproducing,
storing and safeguarding
such documents:
PROVIDED, That nothing
herein shall authorize the destruction of
the originals of such documents after
reproduction thereof.
( 1973 c 54 § 2;
1963 c 241 § 2.)
40.10.020
ggMQL.
~!UQJU!ill IN Q
Chapter 40.14
PRESERVATION AND DESTRUCTION OF PUBLIC RECORDS
40.14.040
~CORD~
OFFICERS--DESIGNATION=POWE~~ ANQ DUTIE~~-Each department
or other agency of the state government
shall
designate a records officer to
supervise its records program and
to
represent the office in all contacts with
the records committee,
hereinafter created, and the division of archives and
records management. The records officer
shall:
{1) Coordinate all aspects of the records management program.
(2)
Inventory, or manage the inventory,
of all public records at least once during
a biennium for disposition scheduling and
transfer action, in accordance with procedures prescribed by the state archivist
and state records committee: PROVIDED,
[ 314 )
PRESERVATION AND DESTRUCTION OF PUBLIC RECORDS
40.14.070
--------------------------------------------------------------------------------------That essential records shall be inventoried and processed in accordance with
chapter 40.10 RCW at least annually.
(3)
Consult with any other personnel
responsible for maintenance of specific
records
within his state organization
regarding records retention and transfer
recommendations.
(4)
Analyze records inventory data, examine
and compare divisional or unit
inventories for duplication of records,
and recommend to the state archivist and
state records committee minimal retentions
for all copies commensurate with legal,
financial and administrative needs.
(5)
Approve all records inventory and
destruction requests which are submitted
to the state records committee.
(6)
Review established records retention schedules at least annually to insure
that they are complete and current.
(7)
Exercise internal control over the
acquisition of filming and file equipment.
(8)
Report annually all savings resulting from records disposition actions tc
his management, the state archivist and
the office of program planning and fiscal
management.
If a particular agency or department
does not wish to transfer records at a
time previously scheduled therefor,
the
records officer shall, within thirty days,
notify the archivist and request a change
in such previously set schedule, including
his reasons therefor.
[ 1973 c 54 § 3;
1957 c 246 § 4.]
shall be submitted to the records committee upon approved forms prepared by the
records officer of the agency concerned
and the archivist.
The committee shall
determine the period of time that any
office file or memorandum shall be preserved and may authorize the division of
archives and records management to arrange
for its destruction or disposition.
(1973
c 54 § 4 i 1957 c 246 § 6.]
40.14.070
~ST]QCTIQ] Q£ bQ£!1 §Ql]!!].::
lJ~]I
M,,f;;QllQ§:=-PRESEll.YATlQ] FO!! .!!l§IQRI£;;!1
INI~!illST=J&£;;!1 RE£QRD§ CO_H.t!ll!I~L QQTI~§.!.
County, municipal, and other local government agencies may request authori~y to
destroy noncurrent public records having
no further administrative or legal value
by submitting to the division of archives
and records management, lists of such
records, in triplicate, on forms prepared
by the division.
The archivist and the
chief examiner of the division of municipal corporations of the office of the
state auditor and a representative appointed by the attorney general shall
constitute a committee to be known as the
local records committee which shall review
such lists,
and may veto the destruction
of any or all items contained therein.
A local government agency, as an alternative to submitting lists, may elect to
establish a records control program based
on recurring disposition schedules recommended by the agency to the local records
committee. The schedules are to be submitted on forms provided by the division
of archives and records management to the
local records committee, which may either
veto, approve, or amend the schedule.
Approval
of such schedule or amended
schedule shall be by unanimous vote of the
local records committee.
Upon such approval, the schedule shall
constitute
authority for the local government agency
to destroy the records listed thereon,
after the required retention period, on a
recurring basis until the schedule is
either
amended
or
revised
by
the
committee.
No public record other than office files
and memoranda of any local government
agency shall be destroyed until it is
either photographed,
microphotographed,
photostated,
or reproduced on film, or
until it is seven years old, and except as
otherwise provided by law no public record
shall be destroyed until approved for
destruction by the local records committee:
PROVIDED, That where records have
federal retention guidelines the local
records committee may adjust the retention
period accordingly: PROVIDED FURTHER, That
an automatic reduction of retention periods from ten to seven years as provided
for in this 1973 amendatory section for
official public records shall not be made
as to records on existing record retention
schedules but the same shall be reviewed
individually by the local records committee for approval or disapproval of the
40.14.060
DESTRUCilON~ Ql§fQ§ITIQ]
QI
PUBLI£;; ll~.f;;Q!!DS, OFflCE £1LE§ !]Q MElJORA].::
Q~
Official public records shall not be
destroyed until they are either photographed, microphotographed, photostated,
or reproduced on film, or until they are
seven years old, except on a showing of
the department of origin, as approved by
the records committee, that the retention
of such records for a minimum of seven
years is both unnecessary and uneconomical, particularly where lesser federal
retention periods for records generated by
the
state under federal programs are
involved:
PROVIDED, That any lesser term
of retention than seven years must have
the additional approval of the director of
the budget, the state auditor and the
attorney general, except where records
have
federal retention guidelines the
state records committee may adjust the
retention period accordingly:
PROVIDED,
FURTHER, That an automatic reduction of
retention periods from ten to seven years
as provided for in this 1973 amendatory
section for official public records shall
not be made as to records on existing
record retention schedules but the same
shall be reviewed individually by the
state records committee for approval or
disapproval of the change to a
retention
period of seven years.
Recommendations for the destruction or
di~position
of office files and memoranda
1973 RCW SUPP.
[
315
]
~0.1~.070
PUBLIC DOCUMENTS, RECORDS AND PUBLICATIONS
--------------------------------------------------------------------------------------change to a retention period of seven
years.
The state archivist may furnish appropriate
informatio~,
suggestions,
and
guidelines to local government agencies
for their assistance in the preparation of
lists and schedules or any other matter
relating to the retention, preservation,
or destruction cf records under
this
chapter.
The local records committee may
adopt appropriate regulations establishing
procedures to be followed in such matters.
Records of county, municipal,
cr other
local government agencies, designated by
the archivist as of primarily historical
interest, may be transferred to a recognized depository agency selected by the
archivist,
in order to relieve local
offices of the burden of housing them, to
insure their preservation, and to make
them available for reference or study.
[1973 c 54§ 5; 1971 ex.s. c 10 § 1; 1957
c 246 § 7- )
Chapter 40.20
REPRODUCED RECORDS FOR GOVERNMENTS AND
BUSINESS
41.04.180
41.04.230
41.04.250
Ch£!..121.tl !:U:..Q2.
~llll ~l!!.eloy~~ I!!£llance
i l l liill!h £are.
41.05.010
41.05.020
41.05.030
41.05.050
41.05.080
40.20.020
B!RRODUCT!Q~ ~fib~ QB PHQ=
The head of any business or the
head of any state,
county or municipal
department, commission,
bureau or board
may cause any or all records required or
authorized by law to be made or kept by
such
official, department, commission,
bureau, board or business to be photographed, microphotographed, photostated or
reproduced on film for all purposes of
recording documents,
plats, files or papers,
or copying or reproducing
such
records.
Such film or reproducing material shall be of permanent material and the
device used to reproduce such records on
such film or material shall be such as to
accurately reproduce and perpetuate the
original records in all details, and shall
be approved for the intended purpose:
PROVIDED, That the forms committee shall
approve such material for state records
use:
PROVIDED, FURTHER, That the state
auditor shall approve such material for
use by local governmental subdivisions.
[1973 c 95 § 1; 1949 c 223 § 1; Rem. supp.
1949 § 1257•4.]
to United Fund--Regulations,
procedures.
Hospitalization and medical aid
for county, municipal and o~her
political subdivision emplovees--Governmental contributions
authorized.
Payroll deductions authorized.
Pension plans, tax deferred annuities or deferred compensation plans authorized for
public employees.
Definitions.
State employees• insurance
board--Created--Membership-Meetings--Compensation--Powers
and duties.
Duties of director of personnel--Cooperation of state departments and agencies
enjoined.
Contributions for employees and
dependents.
Participation by retired or
disabled employees.
IQQRARli~
41.C6.070
41.06.150
41.06.370
Chapte£ 41.08
41.08.040
----------
41.16.010
41.16.020
41.16.140
41.16.150
(
Terms defined.
Pension board created--Memcers~-Quorum.
41. 16. 06 0
41.16.120
41.04.036
~!!S .f~
bers--Terms--Vacancies-~Offi­
41.16.090
41.16.101)
Public employees--Payroll deductions authorized.
Salary and wage deductions for
contributions to charitable
agencies--Deduction and payment
Organization of commission-Secretary--Powers and duties of
commission.
Chapg_£ 41.16 Firemen's geligf
sions--194~iet:
Sections added, amended, or repealed:
41.04.020
Civil Service for £iiY
-------
Eire~en~----
41. 16. 06 0
TITLE 41
PUBLIC EMPLOYMENT
Exemptions.
Rules and regulations of
board--Mandatory subjects--Veterans• preference.
Hospitalization and medical aid
plans--contributions of state
agencies for employees.
41.16.160
41.16.170
316 ]
Tax levy for fund. (Effective
until January 1, 1974.)
Tax levy for fund. (Amendment
effective January 1, 1974.)
Limit of pension.
Payment on death of retired
fireman.
Payment on death in line of
duty.
Payment upon disablement not in
line of duty.
Payment on separation from
service.
Payment on death not in line of
duty.
Payment on death of fireman
with no dependents.
TITLE 41
DIGEST OF TITLE
-----------------------~--------------------------------------------------------------
41.16.230
Repeal does not affect accrued
rights.
lliEi~ !ih1~ I!£.§~!!~2 j!elief ~ng f!!B=
212!!2=:12~~ !£!~
41.18.010
41.18.040
41.18.045
41.18.080
41.18.100
41.18.200
41.20.010
41.20.020
41.20.030
41.20.050
41.20.060
41.20.08C
41.20.085
41.20.170
Cha.E!~
Definitions.
Retirement for service--Widow's
or widower's pension--Payments
to children.
Pension benefits for widows or
widowers of unretired, eligible
firemen--Retroactive.
Payment upon disablement not in
line of duty.
Payment on death in line of
duty or while retired on account of service connected
disability.
Minimum pension.
Board of trustees--Composition.
Officers of board--Annual
report.
Meetings-Disbursements of
fund--Quorum.
Pension on retirement for years
of service.
Pension on retirement for
disability.
Pension on death before or
after retirement.
Pension on death before or
after retirement--Surviving
spouse not formerly
covered- 11 Surviving spouse"
defined.
Transfer of membership.
.!±.1...:.1!! VOlU,!!j;,Ji,g£
,S,!!g f.!i.!!.2.!2!!.2.:.
41.24.030
41.24.160
41.24.170
41.24.180
41.24.2CO
Fir§.!!!~~
Reliet
State trust fund created--Composition-Investment--UseTreasurer's report.
Death benefits.
Retirement pensions.
Lump sum payments.
Service need not be continuous
nor in a single department.
£hapter 41.26 Law Enforcement Officers•
~~-fl;re-Fi_gQte.£2~-Beti£gien! 2i2=
41.26.070
System created~Membership­
Funds, transfers-Amortization
of unfunded liabilities.
Washington law enforcement of~
ficers• and fire fighters• retirement fund-CreatedTrustees-Custodian--Retirement
system expense fund--Employer
reimbursement--Legislative
appropriation.
------ ----Annual interest to be credited.
1973 RCW SUPP.
Teachers• Retirement-Fedg_sl 2ocia1 secJ;_ritt~---------
41.33.020
Terms and provisions of plan.
gg2~
Teachers• Retirement.
41.32.190
~h.SE!g£ !il~J]
Chapte£ !!1~Q.
!~.!!!.:.
41.26.040
Authority over funds-Investments authorized.
41.32.201 Investments~General criterion
specified.
41.32.202 Securities purchased or held
for funds under state treasurer's control to be in his
custody.
41.32.207 Authority over fundsInvestment.
41. 32.245 Certain physically incapacitated may enter system-Limitations.
41.32.260 Credit for military service or
as state legislator.
41.32.310 Time limit for claiming service
credit-Payments.
41.32.350 Contributions to annuity, disability reserve, and death benefit funds--Additional
contributions.
41.32.405 Income fund created.
41.32.4931 Rights of former members receiving retirement allowance
for service or disability on
July 1, 1967.
41.32.4944 Funds required for payment of
benefits to elected and appointed officials under RCW
41.32.497 and 41.32.498.
41.32.497 Retirement allowance for members entering system before
April 2·5, 1973-Election.
41.32.498 Retirement allowance for members entering system after
April 25, 1973 or in lieu of
allowance under RCW 41.32.497.
41.32.4982 Certain moneys payable during
1973-1975 biennium to be from
interest earnings.
41.32.499 Service retirement allowance
adjustments based on cost-ofliving factors.
41.32.520 Payment on death before
retirement.
41.32.565 Future benefits as contractual
rights for persons retiring
after April 25, 1973.
41.32.580 Retired teacher may reenter
system--Benefit limitations.
41.32.200
41.40.010
41.40.011
41.40.030
41.40.071
41.40.072
41.40.100
41.40.120
41.40.150
41.40.170
( 317 ]
~~hi~!2.!! Pu.QJ,ic ~!!U?.1oy­
_g§!ir_2ent Syst!!.J!!..!.
Terms defined.
Effective date of certain
subsections.
Fetirement board--Election,
terms.
Investment of funds--Deposit
for current use-Validation.
Authority over funds-Investment.
System funds created.
Membership.
Termination of membership.
Credit for military service.
TITLE 41
PUBLIC EMPLOYMENT
--------------------------------------------------------------------------------------41.40.180
41.40.185
41.40.19C
41.40.193
41.40.195
41.40.280
41.40.330
41.40.361
41.40.450
41.40.500
41.40.501
41.40.502
41.40.503
41.40.504
41.40.505
41. 40. 506
41.40.507
41.40.508
41.56.122
Retirement--Optional--Compulsory--Length of service.
Retirement allowances--Members
retiring after February 25,
1972"'""0ptions.
Retirement allowance--In lieu
of allowance provided in RCW
41.40.185--Election--Options.
Dates upon which retirement allowances accrue.
Adjustment in pension portion
of service retirement allowance
for prior pensions.
Board may withhold refunds of
contributions.
Contributions.
Employer's contribution.
Classified employees--school
districts--Computation
provisions.
Optional entry of WSU classified employees--Definitions.
Optional entry of wsu classified employees--Transfer autho•
rized--When membership
mandatory.
Optional entry of WSO classified employees--Amounts to be
transferred.
Optional entry of wso classified employees--Deficiency
payments.
Optional entry of WSU classified employees--Retention of
rights and benefits under Retirement Plan.
Optional entry of wsu classified employees--Voluntary relinquishment of rights to
employer contributions
transferred.
Optional entry of WSU classified employees~Employee share
rights upon termination from
system prior to death.
Optional entry of WSU classified employees--Rules and
regulations.
Optional entry of wsu classified employees--Deficiency payments through reduction in
retirement allowance.
fhaE~~ !1~~
41.56.125
41.56.420
41.56.430
41.56.440
41.56.450
41.56.460
41. 56. 4 70
41.56.480
court~Contempt.
41.56.490
41.56.905
41.56.910
41.44.210
Chapter 41.04
GENERAL PROVISIONS
41.04.020
.fQBLIC
EMPLOYEES--PAYROLL
DEDUCTIONS AUTHORIZED.
group
of --e'ii'Ployees of the state of
Washington or any of its political subdivisions, or of any institution supported,
in whole or in part, by the state or any
of its political subdivisions, may authorize the deduction from his or their
salaries or wages, the amount or amounts
of his or their subscription payments or
contributions
to any person,
firm or
corporation furnishing or providing medical,
surgical and hospital care or either
of them, or life insurance or accident and
health disability insurance:
PROVIDED,
That such authorization by said employee
or group of employees, shall be first
approved by the head of the department,
division office or institution of the
state or any political subdivision thereof, employing such person or group of
persons, and filed with the department of
personnel; or in the case of political
subdivisions of the state of washington,
-Any--employee--or
StAi~=!ide Ci£~ ~~2!oyees•
Allowance on retirement for
disability.
Benefit on death in line of
duty.
Fe.Q.ggJ. §Q.£.is1 ~~guri~~ LQ.f
f.!!blig Empl£Ygg.§.:.
fME1~ ~U~!!..§
41.48.060
OASI contribution fund.
fha.£1§£ ~h22
.f.':!l21ic EmpJ.oyeg~ Cell~£=
Si~ ~~£9:llllll!,g~
41.56.030
41.56.110
Definitions.
Dues--Deduction from pay.
(
Uniformed employees--Strikes
prohibited--Violations--Fines.
Uniformed personnel--Provisions
additional--Liberal construction--1973 c 131.
Severability--1973 c 131.
Cross Reference:
Exemption from payment of college fees
for children of law enforcement officer or
fire fighter totally disabled or losing
life: RCW 28B.15.380, 28B.15.385, 28B.15.520 and 28B.40.361.
]&fu.ru!!§.b
41.44.170
Collective bargaining agreements--Authorized provisions.
Arbitrators--Selection--Additional method.
Interim committee on public employees' collective bargaining--Duties--Reports-Recommendations to include proposed legislation.
Uniformed personnel--Legislative declaration.
Uniformed personnel~Negotia­
tions--Impasse defined--Factfinding panel--Hearings-Findings.
Uniformed personnel--Arbitration panel--Powers and duties-Hearings--Findings and
determination.
Uniformed personnel--Arbitration panel--Basis for
determination.
Uniformed pe'r sonnel-Arbi tration panel--Righ~s of parties.
Uniformed personnel--Refusal to
submit to procedures--Invoking
jurisdiction of superior
318
]
41.04.230
GENERAL PROVISIONS
--------------------------------------------------------------------------------------with .the auditor of such political subdivision or the person authorized by law to
draw warrants against the funds of said
political subdivision. [1973 c 106 § 15;
1947 c 70 § 1; Rem. Supp. 1947 § 9963-10.]
41.04.036
~]bAR! !MQ
]}g~
DEQY£I!QB~
.f.Q!l £.Qli.I!i1.!2Q.IIONS !Q CHARITA~b£; !GEN£.il~
DEDUCTI.Qlf ,AND PAYM~.I lQ l!Ml.I~Q .fl!ND-=:
~JQY1!Il9]~
E]Q~QY~~~~
Any official of
the state or of any of its political
subdivisions authorized to disburse funds
in payment of salaries or wages of public
officers or employees is authorized, upon
written request of the officer or employee, to deduct each month from the salary
or wages of the officer or employee the
amount of money designated by the officer
or employee for payment to the United
Fund.
The moneys so deducted shall be paid
over promptly to the United Fund designated by the officer or employee. Subject to
any regulations prescribed by the office
of program planning and fiscal management,
the official authorized to disburse the
funds in payment of salaries or wages may
prescribe
any procedures necessary to
carry out RCW 41.04.035 and 41.04.036.
[ 1973 c 106 § 16; 1957 c 208 § 2.]
41.04.180
]OSPI.I!LIZA,IIOM !MQ ~~QJ£!1
!JQ .fOR £.Qll].I.L. .!1l!MJ£JP AL AN];1 OT]]li ,ROLll.=
JCAb ~~Q.I!.ISION MR1.Q1~~==QOVERN,!1EN1.U
£0NTRJ~QIIO]~
AUTH~IZ~~
Any
county,
municipality, or other political subdivision of the state acting through its
principal supervising official or governing body may, whenever funds shall be
available for that purpose provide for all
or a part of hospitalization and medical
aid for its employees and their dependents
through contracrs with regularly constituted insurance carriers or with health
care service contractors as defined in
chapter 48.44 RCW, for group hospitalization and medical aid policies or plans:
PROVIDED, That any county, municipality,
or other political subdivision of the
state acting through its principal supervising official or governing body shall
provide the employees thereof a choice of
policies or plans through contracts with
not less than two regularly constituted
insurance carriers or health care service
contractors:
AND PROVIDED FURTHER, That
any county may provide such hospitalization and medical aid to county elected
officials and their dependents on the same
basis as such hospitalization and medical
aid is provided to other county employees
and their dependents:
PROVIDED FURTHER,
That provision for school district personnel shall not be made under this section
but shall be as provided for in RCW
28A.58.420.
[1973 1st ex.s. c 147 § 6;
1970 ex.s. c 39 § 10; 1969 ex.s. c 237 §
1; 1967 c 135 § 1; 1965 c 57§ 1; 1963 c
75 § 1.]
1973 RCW SUPP.
~.U~cti v~ .fls te==Effe.f£
~ ,!,g,!.Q=A.E.E£.2.::
gistion==Sa.!i!lSI§=-S~~.UJ2ilit.Y::_l97.J .1§!
£ 147;
41.05.010.
~2~
See
notes
following
RCW
41.04.230
f!l]OLb
~QYfiiOMa
!Q!~Q=
Any official of the state authorized to d~sburse funds in payment of
salaries and wages of public officers or
employees
is authorized, upon written
request of the officer or employee, to
deduct each month from the salaries or
wages of the officers or employees, the
amount of money designated by the officer
or employee for payment of the following:
(1)
credit union deductions: PROVIDED,
That the credit union is organized solely
for public employees: AND PROVIDED PUR~
THER, That twenty-five or more employees
of a single state agency or a total of one
hundred or more state employees of several
agencies have authorized such a d~duction
for payment to the same credit union.
(2)
Parking fee deductions: PROVIDED,
That payment is made for parking facilities furnished by the agency or by the
depar~ment of general administration.
(3)
u. s.
savings
bond deductions:
PROVIDED, That a person within the particular agency shall be appointed to act as
trustee.
The trustee will receive all
contributions;
purchase and deliver all
bond certificates; and keep such records
and furnish such bond or security as will
render full accountability for all bond
contributions.
(4)
Board, lodging or uniform deductions
when
such
board, lodging and
uniforms are furnished by the state, or
deductions for academic tuitions or fees
or scholarship contributions payable to
the employing institution.
(5)
Dues and other fees deductions:
PROVIDED, That the deduction is for payment of membership dues to any professional
organization
formed primarily for
public employees or college and university
professors:
AND PROVIDED, FURTHER, That
twenty-five or more employees of a single
state agency, or a total of one hundred or
more state employees of several agencies
have
authorized such a deduction for
payment
to
the
same
professional
organization.
(6)
Labor or employee organization dues
may be deducted in the event that a
payroll deduction is not provided under a
collective bargaining agreement under the
provisions of RCW 41.06.15C:
PROVIDED,
That
twenty-five or more officers or
employees of a single agency, or a total
of one hundred or more officers or employees of several agencies have authorized
such a deduction for payment to the same
labor or employee organization: PROVIDED,
FURTHER, That labor or employee organizations with five hundred or more members in
state government may have payroll deduction for employee benefit programs.
(7)
Accident and casualty premiums to a
single insurer:
PROVIDED, That twentyRIZ~!1~
( 319 ]
41.04.230
PUBLIC EMPLOYMENT
----------------------------------------------------------------------------------~--
five or more officers or employees of a
single agency, or a total of one hundred
or more officers or employees of several
agencies have authorized such a d~duction
for payment to that insurer.
(8)
Insurance
contributions
to the
trustee of contracts for payment of premiums under contracts authorized by the
state employees• insurance board.
Deductions from salaries and wages of
public officers and employees other than
those enumerated in this section or by
other law, may be authorized by the budget
director for purposes clearly related to
state employment or goals and objectives
of the agency.
The authority to make deductions from
the salaries and wages of public officers
and employees as provided for in this
section shall be in addition to such other
authority as may be provided by law:
PROVIDED, That the state or any department, division, or separate agency of the
state shall not be liable to any insurance
carrier or contractor for the failure to
make
or transmit any such deduction.
[ 1973 1st ex.s. c 147 § 5; 197C ex.s. c 39
§ 11; 1969 c 59§ 5.]
~!!~cti~~ dat~_!ff~~1
of ve!£==!£££2=
£IistiQ~==~aYing~--Seyg£ahiliiY==l221
1s1
~~
£
Jill
See
notes
following
RCW
41.05.010.
PENSION fbA~L IA! Qgi~~
DEFERRED COMPE,NSAJ:J.Ql! PLAN.§
AUTHORIZED
fOR PUBLIC EMRbOY~ES.
Any
dep~rtment, division;-oi separate agency
of the state government, and any county,
municipality, or other political subdivision of the state acting through its
principal supervising official or governing body is authorized to:
(1)
Enter into an agreement with any
life insurance company, bank trustee, or
custodian authorized to do business in the
state of washington to provide qualified
pension plans under the provisions of 26
u.s.c., section 401
(a), as amended by
Public Law 89-809, 80 Stat. 1577, 1578 as
now or hereafter amended, or to provide
deferred annuities for all officials and
employees of said public entities deemed
to be eligible by the agency of the United
states government having jurisdiction of
the matter under the provisions of 26
u.s.c., section 403
(b), as amended by
Public Law 87-370, 75 Stat. 796 and as now
or hereafter amended, such pension or
annuities to be in lieu of a portion of
salary or wages. Such pension plans or tax
deferred annuity benefits shall be available to those employees who elect to
participate in said agreement and who
agree to take a reduction in salary in the
equivalent amount of the
contribution
required to be made by the public entity
for and on behalf of such employee.
The
funds derive~ from such reductions in
salary shall be deposited and accounted
for in an appropriately designated account
41.04.250
A..H]UITI~§ Qg
maintained by the public employer of such
employee and any official authorized to
disburse such funds is empowered to remit
these designated funds to the insurer,
custodian, or trustee in accordance with
the salary reduction agreement between the
public entity and the employee.
(2)
contract with an employee to defer
a portion of that employee's income, which
deferred portion shall in no event exceed
twenty-five percent of such income, and
may subsequer.tly with the consent of the
employee, purchase a life insurance or
fixed and;or variable annuity contract,
for the purpose of funding a deferred
compensation program for the employee,
from any life underwriter duly licensed by
this state who represents an insurance
company licensed to contract business in
this state.
In no event shall the total
payments made for the purchase of said
life insurance contract, or fixed and/or
variable annuity contract and the employ•
ee•s
nondeferred income for any year
exceed the total annual salary, or compen·
sation under the existing salary schedule
or classification plan applicable to such
employee in such year.
Any income de·
ferred under such a plan shall continue to
be included as regular compensation, for
the purpose of computing the retirement
and pension benefits earned by any employ·
ee, but any sum so deducted shall not be
included in the computation of any taxes
withheld on behalf of any such employee.
coverage of an employee under a quali·
fied pension plan, contract for a deferred
annuity
or deferred compensation plan
under this section shall not render such
employee ineligible for simultaneous mem·
bership and participation in the pension
systems for public employees which are
provided for by chapters 41.26, 41.32 and
41.40 RCW. [1973 1st ex.s. c 99 § 1; 1972
ex.s. c 19 § 1; 1971 ex.s. c 264 § 1.]
Chapter 41.05
STATE EMPLOYEES' INSURANCE AND HEALTH CARE
41.05.010
DEFINITIONS.
Unless
the
context clearly-Indica~otherwise, words
used in this chapter have the following
meaning:
(1)
"Board" means the state employees•
insurance board established under
the
provisions of RCW 41.05.020.
(2)
"Employee" shall include all full
time and career seasonal employees of the
state, whether or not covered by civil
service; elected and appointed officials
of the executive branch of government,
including full time members of boards,
commissions or committees; and shall include any or all part time and temporary
employees under the terms and conditions
established by the board; justices of the
supreme court and judges of the court of
appeals
and the superior courts; and
members of the legislature who are elected
to office after February 20, 1970.
( 320 ]
STATE EMPLOYEES' INSURANCE AND HEALTH CARE
41.05.020
--------------------------------------------------------------------------------------(3)
"Panel medicine plan"
means
a
health care plan which can be offered by a
health care service contractor which itself furnishes the health care service
contracted for by means of a group practice prepaid medical care plan.
(4)
"Trustee" shall mean the director
of personnel. [1973 1st ex.s. c 147 § 12;
1970 ex.s. c 39 § 1.]
Eff~!i:X~ Qs.!~- E.t!~j: Ql !~1.2=:.12.11 1§!
ex.s. c 147: "This bill shall not take
~ffect until-the funds necessary for its
implementation have been specifically appropriated by the legislature and such
appropriation itself has beco~e law. It
is the intention of the legislature that
if the governor shall veto this section or
any item thereof, none of the provisions
of this bill shall take effect." (1973 1st
ex.s. c 147 § 10.]
!.12£I9Erig.tion--1973 1§1 ~l£.:.§.:. £ lli.i
"There is appropriated from the state
employees• insurance revolving fund to the
state employees•
insurance board the sum
of one hundred thousand dollars, or so
muc~ thereof
as may be necessary, to
supplement other funds related to health
care coverage and to provide the necessary
staff and studies attendant to the investigatiort and review of other insurance
plans for state employees." [1973 1st
ex.s. c 147 § 14.)
_2gying§==121J 1.§1 gjf.:.§.:. £ 147,i "Nothing
contained in this 1973 amendatory act
shall be deemed to amend, alter or affect
the provisions of Chapter 23, Laws of
1972, Extraordinary Session, and RCW 28B.10.840 through 28B.10.844 as now
or
hereafter amended." [1973 1st ex.s. c 147
§ 13. ]
_2~gabj,J.it.Y= 1,27 3 1§1 ~§~ £ 1.9.1.:.
"If
any provision of this 1973 amendatory act,
or its application to any person
or
circumstances is held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected." [1973 1st ex.s. c 147
§ 9.] The above annotations apply to RCW
28B.10.660, 41.04.180, 41.04.230, 41.05.010,
41.05.020, 41.05.030, 41.05.050,
41.05.080, 48.24.010, and the repeal of
RCW 41.06.370.
Cross Reference:
"Retired state employees" defined:
41.05.080.
41.05.020
STAI~
~HR1Q1]~,2~
RCW
IN§QRANC~
]OA]~==CREAT~D--M~BE]_2HIR==H~~II~QH~
gENSATIQ]==f2WERS !~ ~UTI~~
(1)
There
is
hereby created a state employees•
insurance board to be composed as follows:
The governor or his designee; one administrative officer representing all of higher
education to be appointed by the governor;
two higher education faculty members to be
appointed by the governor; the director of
1973 RCW SUPP.
[ 321
the department of personnel who shall act
as
trustee;
one representative of an
employee association certified as an exclusive representative of at least one
bargaining unit of classified employees
and one representative of an employee
union certified as exclusive representative of at least one bargaining unit of
classified employees, both to be appointed
by the governor; one member of the senate
who shall be appointed by the president of
the senate; and one member of the house of
representatives who shall be appointed by
the speaker of the house.
The senate and
house members of the board shall serve in
ex officio capacity only. All appointments shall be made effective immediately.
The terms of office of the administrative
officer representing higher education, the
two higher education faculty members, the
representative of an employee association,
and the representative of an employee
union shall be for four years:
PROVIDED,
That the first term of one faculty member
and one employee association or union
representative member shall be for three
years. The first meeting of the board
shall be held as soon as possible thereafter at the call of the director
of
personnel.
The board shall prescribe
rules for the conduct of its business and
shall elect a chairman and vice chairman
at its first meeting and annually thereafter. Members of the board shall receive no
compensation for their services, but shall
be
paid for their necessary and actual
expenses while on official business and
legislative members shall receive allowances provided for in RCW 44.04.120.
(2)
The board shall study all matters
connected with the providing of adequate
health
care coverage, life insurance,
liability insurance, accidental death and
dismemberment insurance, and disability
income insurance or any one of, or a
combination of, the enumerated types of
insurance and health care plans for state
employees and their dependents on the best
basis possible with relation both to the
welfare of the employees and to the state:
PROVIDED, That liability insurance shall
not be made available to dependents. The
board shall design benefits, devise specifications, analyze carrier responses to
advertisements for bids, determine the
terms and conditions of employee participation and coverage, and decide on the
award of contracts which shall be siyned
by the trustee on behalf of the board:
PROVIDED, That all contracts for insurance, health care plans or protec~ion
applying to employees covered by *this
1973 amendatory act shall provide that the
beneficiaries of such insurance, health
care plans or protection may utilize on an
equal participation basis the services of
practitioners licensed pursuant to chapters 18.22,
18,25, 18.32, 18.53, 18.57,
18.71, 18.74, 18.83, and 18.88 RCW:
PROVIDED FURTHER, That the boards of trustees
and boards of regents of the several
institutions of higher education shall
]
41.05.020
PUBLIC EMPLOYMENT
-------------------------------------------------------------w-----------------------provided in RCW 41.05.030 (1), to reduce
employee
contributions or to increase
benefits in accordance with instructions
of the board.
(3)
Every division, department, or separate agency of state government shall
fully cooperate in administration of the
plans,
education of employees, claims
administration, and other duties as required by the trustee or the board. (1973
1st ex.s. c 147 § 2; 1970 ex.s. c 39 § 3.]
retain sole authority to provide liability
insurance as provided in RCW 28B.10.660.
The board shall from time to time review
and amend such plans. Contracts for all
plans shall be rebid and awarded at least
every five years.
(3)
The board shall develop and provide
employee health care benefit plans; at
least one plan will provide major medical
benefits as its primary feature, at least
one plan will provide basic first-dollar
benefits as its primary feature plus major
medical, either or all of which may be
provided through a contract or contracts
with regularly constituted insurance carriers or health care service contractors
as defined in chapter 48.44 RCW,
and
another plan to be provided by a panel
medicine plan in its service area only
when approved by the board. Except for
panel medicine plans, no more than one
insurance carrier or health care service
contractor shall be contracted with tc
provide the same plan of benefits:
PROVIDED, That employees may choose participation in only one of the health care
benefit plans sponsored by the board:
PROVIDED FURTHER, That employees of the
institutions of higher education shall be
retained
as a separate actuarial and
experience group and the board
shall
report its recommendation on such retention to the legislative budget committee
by November 1, 1974.
[ 1973 1st ex.s. c
147 § 1; 1970 ex.s. c 39 § 2.]
~tlgctive ~s~:::::!tt~£.1
ex~§~
£ 1~~
41.05.010.
~!i!~ gat~~ff~£1
Ql
yetQ==!EE£2=
1.§:!
RCW
41.05.010.
41.05.030
QQil]~ OF
~.Q.H.!U~k::~OOPERATI.Q,N
Qf
!@ AgNCIES l.lhl91.N~Q~
OF ~=
..§1.AI1~ Q~f!Bill.!IT..§
Q1RE£IQB
(1)
The director
of the department of personnel shall be
trustee and administrator of all health
benefit and insurance contracts awarded by
the board and shall have power to employ a
benefits supervisor and such other assistants and employees as may be necessary
subject to the jurisdiction of the state
civil service law, chapter 41.06 RCW.
The
director of personnel shall provide any
other personnel and facilities necessary
for assistance to the board.
He may
delegate his duties hereunder to
the
benefits supervisor.
(2)
The director of
personnel,
as
trustee, shall transmit contributions for
health care and other insurance plans in
payment of premiums and receive and deposit contributions and dividends or refunds
into the state employees insurance revolving fund, which shall be used for payment
of premiums, administrative expenses as
[
ve!Q::::::!E.E£2.:
See
notes
following
RCW
41.05.050
CONT]1BUI1Q!..§ !Q] EMPLOYEES
AND DEPENDENTS.
( 1)
Every department;
division;--or--separate agency of state
government shall provide contributions to
insurance and health care plans for its
employees and their dependents, the con•
tent of such plans to be determined by the
state employees insurance board. All such
contributions will be paid into the state
employees insurance fund to be expended by
the trustee for the payment of required
insurance premiums and health care fees.
(2)
The contributions of any department, division, or separate agency of the
state government shall be set by the state
employees insurance board, subject to the
approval of the governor for availability
of funds as specifically appropriated by
the legislature for that purpose: PROVIDED, That nothing herein shall be a limitation on employees employed under chapter
47.64 RCW:
PROVIDED FURTHER, That provision for school district personnel shall
not be made under this chapter.
(3)
The trustee with the assistance of
the department of personnel shall annually
survey private industry in the state of
washington to determine the maximum average employer contribution for group insurance programs under the jurisdiction of
the state employees insurance board. such
survey shall be reported to the board for
its use in setting the amount of the
contributions to the various insurance
programs by departments, divisions, and
separate agencies of state government.
[1973 1st ex.s. c 147 § 3; 1970 ex.s. c 39
§ 5. ]
*Reviser's note: "this 1973 amendatory
act~-Inciuaes-~cw 28B.10.660, 41.04.180,
41.04.230, 41.05.010,
41.05.020, 41.05.030, 41,05.050, 41.05.080, 48.24.010, and
the repeal of RCW 41.06.370.
£tistiQ.!l::::::Savin.sie=SeEU£iliU==197l
~~~
£ 1~1~ See notes following
of
££J.a t i 2!!=Sa!i!!Se::-S .§!ll ab ilit !::::::19 7J_ 121
~ffeg:Uyg 9& te=Effect
of E!Q::::::!E.E£2.:
priati2!!=:;:Saving§::-__§_.§E.ts£ilitY:::_121J 1§!
.§Z~§~
£
~~
See
notes
following
RCW
41.05.010.
41.05.080
PARTICIPATION ~ B~I1~ Q~
li.§.A~1ED EMP!iOYEE'S~Retired or disabled
state employees may continue their participation in insurance plans and contracts
after retirement or disablement, under the
qualifications, terms, conditions,
and
benefits set by the board:
PROVIDED, That
the rates charged such retired or disabled
state employees for health care coverage
322
41.06.070
STATE CIVIL SERVICE LAW
--------------------------------------------------------------------------------------shall be identical to that charged active
participants:
PROVIDED FURTHER, That such
retired or disabled employees shall bear
the full cost of premiums required to
provide such coverage. The term "retired
state employees" for the purpose of this
section shall include but not be limited
to members of the legislature whether
voluntarily or involuntarily leaving state
office.
[1973 1st ex.s. c 147 § 7; 1970
ex.s. c 39 § 8.]
~f!~~l~ Ss~£
Eff££1 of Y£1~!E££2=
.12linion==~s.Yings=SeY£ll!lili.1Y=ill1 ..1.2!
ex.~
£ ~li
41.05.010.
See
notes
following
RCW
Chapter 41.06
STATE CIVIL SERVICE LAW
cross Reference:
State employees• insurance
bership: RCW 41.05.020.
board--Mem-
41.06.C70
EXEMPTIONS. The provisions
of this chapter-do-not-apply to:
(1)
The members of the legislature or
to any employee of, or position in, the
legislative branch of the state government
including members, officers, and employees
of the legislative council, legislative
budget committee, statute law committee,
and
any
interim
committee
of
the
legislature;
(2)
The justices of the supreme court,
judges of the court of appeals, judges of
the superior courts or of the inferior
courts, or to any employee of, or position
in
the
judicial
branch
of
state
government;
(3)
Officers, academic personnel,
and
employees of state institutions of higher
education, the state board for
community
college education, and the higher education personnel board;
(4)
The
officers of the Washington
state patrol;
(5)
Elective officers of the state;
(6)
The chief executive officer of each
agency;
(7)
In the departments of employment
security, fisheries,
social and health
services, the director and his confidential secretary; in all other departments,
the executive head of which is an individual appointed by the governor, the director, his confidential secretary. and his
statutory assistant directors;
(8)
In the case of a multimember board,
commission,
or committee, whether the
members thereof are elected, appointed by
the governor or other authority, serve ex
officio, or are otherwise chosen:
(a)
All members of such boards, commissions, or committees;
(b)
If the members of the board, commission, or committee serve on a part time
basis and there is a statutory executive
officer:
(i)
The secretary of the board,
comm:lssion,
or committee; (ii)
the chief
1973 RCW SUPP.
[
commisexecutive officer of the board,
sion,
or committee; and (iii) the confi·
dential secretary of the chief executive
officer
of
the board, commission, or
committee;
(c)
If the members of the board, commission, or committee serve on a full time
basis:
(i)
The chief executive officer
or administrative officer as designated by
the board, commission, or committee; and
(ii)
a confidential secretary to
the
chairman of the board, commission, or
committee;
(d)
If all members of the board, commission, or committee serve ex officio:
(i)
The chief executive officer; and (ii)
the confidential secretary of such chief
executive officer;
(9)
The confidential secretaries and
administrative assistants in the immediate
offices of the elective officers of the
state;
(10)
Assistant attorneys general;
(11)
Commissioned and enlisted person•
nel in the military service of the state;
(12)
Inmate, student, part time, or
temporary employees, and part time professional consultants, as defined by the
state personnel board or the board having
jurisdiction;
(13)
The public printer or to any employees of or positions in the state
printing plant;
and employees of the
(14)
Officers
Washington state fruit commission;
and employees of the
(15)
Officers
apple
advertising
Washington
state
commission;
(16t
Officers and employees of
the
Washington
state
dairy
products
commission;
(17)
Officers and employees of any commission formed under the provisions of
chapter 191, Laws of 1955, and chapter
15.66 RCW;
(18)
Officers
and employees of the
state wheat commission formed under the
provisions of chapter 87,
Laws of 1961
(chapter 15.63 RCW);
(19)
Officers and employees of agricultural commissions formed under the provisions
of
chapter 256,
Laws of
1961
(chapter 15.65 RCW);
(20)
Liquor vendors appointed by the
Washington state liquor control
board
pursuant
to RCW 66.08.050:
PROVIDED,
HOWEVER, That rules and regulations adopted by the state personnel board pursuant
to RCW 41.06.150 regarding the basis for,
and procedures to be followed for, the
dismissal, suspension, or demotion of an
employee, and appeals therefrom shall be
fully applicable to liquor vendors except
those part time agency vendors employed by
the liquor control board when, in addition
to the sale of liquor for the state, they
sell goods, wares, merchandise, or services as a self-sustaining private retail
business;
(21}
Executive assistants for personnel
administration and labor relations in all
state agencies employing such executive
323 ]
41. 06. 070
PUBLIC EMPLOYMENT
--------------------------------------------------------------------------------------assistants including but not limited to
all
departments, offices, commissions,
committees, boards, or other bodies subject to the provisions of this chapter and
this subsection shall prevail over any
provision of law inconsistent herewith
unless specific exception is made in such
law;
(22)
In addition to the exemptions specifically provided by this chapter, the
state personnel board may provide for
further exemptions pursuant to the following procedures.
The governor or other
appropriate elected official may submit
requests for exemption to the personnel
board stating the reasons for requesting
such exemptions.
The personnel
board
shall hold a public hearing, after proper
notice, on requests submitted pursuant to
this subsection.
If the board determines
that the position for which exemFtion is
requested is one involving substantial
responsibility for the formulation
of
basic agency or executive policy or one
involving directing and controlling program operations of an agency or a major
administrative division thereof, the personnel board shall grant the request and
such determination shall be final.
The
total
number of additional exemptions
permitted under this subsection shall not
exceed one hundred seventy-five for those
agencies not directly under the authority
of any elected public official other than
the governor, and shall not exceed a total
of twenty-five for all agencies under the
authority of elected public
officials
other than the governor. The state personnel hoard shall report to each regular
session of the legislature all exemptions
granted pursuant to the provisions of this
subsection, together with the reasons for
such exemptions.
The salary and fringe benefits of all
positions presently or hereafter exempted
except for the chief executive officer of
each agency, full-time members of boards
and commissions, administrative assistants
and confidential secretaries in the immediate office of an elected state official,
and the personnel listed in subsections
(10)
through
(19) of this section, shall
be determined by the state
personnel
board.
Any person holding a classified position
subject to the provisions of this chapter
shall, when and if such position
is
subsequently exempted from the application
of this chapter, be afforded the following
rights:
If such person previously held permanent
status in another classified position,
such person shall have a right of reversion to the highest class of position
previously held, or to a position of
similar nature and salary.
( 1973 1st
ex.s. c 133 § 1; 1972 ex.s. c
11 § 1.
Prior:
1971 ex.s. c 209 § 1; 1971 ex.s. c
59 § 1; 1971 c 81 § 100; 1969 ex.s. c 36 §
23;
1967 ex.s. c 8 § 47; 1961 c 179 § 1;
196 1 c 1 § 7. ]
41.06.150
RU1]~
!!Q
~]QY1!!1Q]~
BO!RD-_!1AlillATQ.!L! ~UBJEC!S-::Yng!!i~
ERli!f£~~
or
gjiEF:
The board shall adopt and promul:
gate rules and regulations, consis~ent
with the purposes and provisions of this
chapter and with the best standards of
personnel administration,
regarding the
basis for,
and procedures to be followed
for, the dismissal, suspension, or demo~
tion of an employee, and appeals therefrom;
certification
of
names
for
vacancies, including departmental promotions, with the number of names equal to
two more names than there are vacancies to
be filled, such names representing applicants rated highest on eligibility lists;
examinations for all positions in the
competitive and noncompetitive service;
appointments; probationary periods of six
months and rejections therein; transfers;
sick leaves and vacations; hours of work;
layoffs
when necessary and subsequent
reemployment, both according to seniority;
determination of appropriate bargaining
units within any agency:
PROVIDED, That
in making such determination the board
shall consider the duties, skills, and
working conditions of the employees, the
history of collective bargaining by the
employees and their bargaining representatives, the extent of organization among
the employees, and the desires of the
employees; certification and decertification of exclusive bargaining representatives; after certification of an exclusive
bargaining representative and upon said
representative's request,
the
director
shall hold an election among employees in
a bargaining unit to determine by
a
majority whether to require as a condition
of employment membership in the certified
exclusive bargaining repr~sentative on or
after the thirtieth day following the
beginning of employment or the date of
such election, whichever is the later, and
the failure of an employee to comply with
such a condition of employment
shall
constitute cause for dismissal: PROVIDED,
That no more often than once in each
twelve month period after expiration of
twelve months following the date of the
original election in a bargaining unit and
upon petition of thirty percent of the
members of a bargaining unit the director
shall hold an election to determine whether a majority wish to rescind such condi·
tion of employment: PROVIDED FURTHER, That
for purposes of this clause membership in
the certified exclusive bargaining representative shall be satisfied by the payment of monthly or other periodic dues and
shall not require payment of initiation,
reinstatement, or any other fees or fines
and shall include full and complete membership rights:
AND
PROVIDED FURTHER,
That in order to safeguard the right of
nonassociation of public employees, based
on bona fide religious tenets or teachings
of a church or religious body of which
such public employee is a member, such
public employee shall pay to the union,
for purposes within the program of the
( 324 ]
41.08.040
CIVIL SERVICE FOR CITY FIREMEN
--------------------------------------------------------------------------------------union as designated by such employee that
would be in harmony with his individual
conscience, an amount of money equivalent
to regular union dues minus any included
monthly premiums for union sponsored insurance programs, and such employee shall
not be a member of the union but shall be
entitled to all the representation rights
of a union member;
agreements between
agencies and certified exclusive bargaining representatives providing for grievance
procedures
and
collective
negotiations on all personnel matters over
which the appointing authority of the
appropriate bargaining unit of such agency
may lawfully exercise discretion; written
agreements may contain provisions
for
payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of
such payroll deduction by the filing of a
proper prior notice by the employee with
the appointing authority and the employee
organization: PROVIDED, That nothing contained herein shall permit or grant to any
employee the right to strike or refuse to
perform his official duties; adoption and
revision of a comprehensive classification
plan for all positions in the classified
service, based on investigation and analysis of the duties and responsibilities of
each such position; allocation and reallocation of positions within the classification plan;
adoption and revision of a
state salary schedule to reflect not less
than the prevailing rates in Washington
state private industries and other governmental units for positions of a similar
nature, such adoption and revision subject
to approval by the state budget director
in accordance with the provisions
of
chapter
43.88 RCW;
training programs,
including in-service, promotional and supervisory;
regular increment increases
within the series of steps for each pay
grade, based on length of service for all
employees whose standards of performance
are such as to permit them to retain job
status in the classified service;
and
providing
for veteran's preference as
required by existing statutes, with recognition of preference in regard to layoffs
and subsequent reemployment for veterans
and their widows by giving such eligible
veterans and their
widows
additional
credit in computing their seniority by
adding to their unbroken state service, as
defined by the board, the veteran's service in the military not to exceed five
years.
For the purposes of this section,
"veteran" means any person who has one or
more years of active military service in
any branch of the armed forces of the
United states or who has less than one
year•s service and is discharged with a
disability incurred in the line of duty or
is discharged at the convenience of the
government and who,
upon termination of
such service has received an honorable
discharge, a discharge for physical reasons with an honorable record, or
a
release from active military service with
1973 RCW SUPP.
[
evidence of service other than that for
which an undesirable,
bad conduct, or
dishonorable discharge shall be given:
PROVIDED, HOWEVER, That the widow of a
veteran shall be entitled to the benefits
of this section regardless of the veteran's length of active military service:
PROVIDED FURTHER, That for the purposes of
this section "veteran" shall not include
any person who has voluntarily retired
with twenty or more years of
active
military service and whose military retirement pay is in excess of five hundred
dollars per month.
[1973 1st ex.s. c 75 §
1; 1973 c 154 § 1; 1971 ex.s. c
19 § 2;
1 9 6 7 ex. s. c 1 0 8 § 1 3; 1 96 1 c 1 § 15. ]
£!fig£! i v ~ g_s t e=1.2 7 3 1.§! ~h.2..:. £ 1.2.i.
"This 1973 amendatory act is necessary for
the immediate preservation of the public
peace, health and safety, the support of
the state government and its existing
public institutions, and shall take effect
midnight June 6, 1973." [1973 1st ex.s. c
75 § 3. ]
41.06.370
HO~ITALl~A!lQ!
ANQ MEDIC!b
AID PLANS--CONTRIBUTIONS OF STATE AGENCIES
,r;MPLOYEE:§~-fi97o €i.
39-§9:-1
Repealed by 1973 1st ex.s. c 147 § 8.
ro:E
s.--c
Chapter 41.08
CIVIL SERVICE FOR CITY FIREMEN
41.08.040
ORGANIZATION OF COMMISSION-SEQi~!MiY--PO,R£!!l~- AND DUTIES Q£:-~QMMIS=
§IQM..:. Immediately after
appointment the
commission shall organize by electing one
of its members chairman and hold regular
meetings at least once a month, and such
additional meetings as may be required for
the proper discharge of their duties.
They shall appoint a secretary and chief
examiner, who shall keep the records of
the commission, preserve all reports made
to it, superintend and keep a record of
all examinations held under its direction,
and perform such other duties as the
commission may prescribe.
The secretary and chief examiner shall
be appointed as a result of competitive
examination which examination may be either original and open to all properly
qualified citizens of the city, town or
municipality, or promotional and limited
to persons already in the service of the
fire department or of the fire department
and other departments of said city, town
or municipality, as the commission may
decide.
The secretary and chief examiner
may be subject to suspension, reduction or
discharge in the same manner and subject
to the same limitations as are provided in
the case of members of the fire department. It shall be the duty of the civil
service commission:
(1)
To make suitable rules and regulations not inconsistent with the provisions
325 ]
41.08.040
PUBLIC EMPLOYMENT
-------------------------------------------------------------------------of this chapter. Such rules and regulations shall provide in detail the manner
in which examinations may be held,
and
appointments, promotions, transfers, reinstatements, demotions,
suspensions
and
discharges shall be made, and may also
provide for any other matters connected
with the general subject of personnel
administration, and which may be considered desirable to further carry out the
general purposes of this chapter, or which
may be found to be in the interest of good
personnel adminis~ration. Such rules and
regulations may be changed from time to
time. The rules and regulations and any
amendments thereof shall be printed, mimeographed or multigraphed for free public
distribution.
Such rules and regulations
may be changed from time to time.
(2)
All tests shall be practical, and
shall consist only of subjects which will
fairly determine the capacity of persons
examined to perform duties of the position
to which appointment is to be made, and
may include tests of physical fitness
and;or of manual skill.
{3)
The rules and regulations adopted
by the
commission shall provide for a
credit of ten percent in favor of all
applicants for appointment under civil
service, who, in time of war, or in any
expedition of the armed forces of the
United States, have served in and been
honorably discharged from the armed forces
of the United States, including the army,
navy and marine corps and the American Red
cross. These credits apply to entrance
examinations only.
(4)
The commission shall make investigations concerning and report upon all
matters touching the enforcement and effect of the provisions of this chapter,
and the rules and regulations prescribed
hereunder; inspect all institutions, departments, offices, places, positions and
employments affected by this chapter, and
ascertain whether this chapter and all
such
rules and regulations are being
obeyed.
Such investigations may be made
by the
commission or by any commissioner
designated by the commission for that
purpose.
Not only must these investigations be made by the commission as aforesaid, but the commission must make like
investigation on petition of a citizen,
duly verified, stating that irregularities
or abuses exist, or setting forth in
concise language, in writing, the necessity for such investigation. In the course
of such investigation the commission or
designated commissioner, or chief examiner,
shall have the power to administer
oaths, subpoena and require the attendance
of witnesses and the production by them of
books, papers, documents and
accounts
appertaining to the investigation and also
to cause the deposition of
witnesses
residing within or without the state to be
taken in the manner prescribed by law for
like depositions in civil actions in the
superior court; and the oaths administered
hereunder and the subpoenas issued hereun·
der shall have the same force and effect
as the oaths administered by a superior
court judge in his judicial capacity; and
the failure upon the part of any person so
subpoenaed to comply with the provisions
of this section shall be deemed a viola·
tion of this chapter, and punishable as
such.
(5)
All hearings and investigations before the commission, or designated commissioner,
or
chief examiner, shall be
governed by this chapter and by rules of
practice and procedure to be adopted by
the commission, and in the conduct thereof
neither the commission, nor designated
commissioner shall be bound by the technical rules of evidence.
No informality in
any proceedings or hearing, or in the
manner of taking testimony before the
commission or designated
commissioner,
shall invalidate any order, decision, rule
or regulation made, approved or confirmed
by the commission:
PROVIDED,
HOWEVER,
That no order, decision, rule or regulation made by any designated commissioner
conducting any hearing or investigation
alone shall be of any force or effect
whatsoever unless and until concurred in
by at least one of the other two members.
(6)
To hear and determine appeals or
complaints respecting the administrative
work of the personnel department;
appeals
upon the allocation of positions; the
rejection of an examination, and such
other matters as may be referred to the
commission.
(7)
Establish and maintain in card or
other suitable form a roster of officers
and employees.
(8)
Provide for,
formulate and hold
competitive tests to determine the relative qualifications of persons who seek
employment in any class or position and as
a result ~hereof establish eligible lists
for the various classes of positions, and
to provide that persons laid off because
of curtailment of expenditures, reduction
in force, and for like causes, head the
list in the order of their seniority, to
the end that they shall be the first to be
reemployed.
(9)
When a vacant position is to be
filled,
to certify to the appointing
authority, on written request, the name of
the person highest on the eligible list
for the class.
If there are no such
lists, to authorize provisional or temporary appointment list of such class. Such
temporary or provisional appointment shall
not continue for a period longer than four
months; nor shall any person receive more
than one provisional appointment or serve
more than four months as a provisional
appointee in any one fiscal year.
(10)
Keep such records as may be necessary for the proper administration of this
chapter. (1973 1st ex.s. c 154 § 60; 1935
c 31 § 5; RRS § 9558-5.)
~~verability ___ ~73 1§! ~~~ £ 1541
note following RCW 2.12.030.
( 326 ]
See
41.16.060
FIREMEN'S RELIEF AND PENSIONS--1947 ACT
------------~--------------------------------------------------------------------------
Chapter 41.16
FIREMEN'S RELIEF AND PENSIONS--1 947 ACT
41.16.010
TERMS DEFINED. For the purpose
of this--chaptei;--unless clearly
indicated by the context,
words
and
phrases shall have the following meaning:
(1)
"Beneficiary" shall mean any person
or persons designated by a fireman in a
writing filed with the board, and who
shall be entitled to receive any benefits
of a deceased fireman under this chapter.
(2)
"Board" shall mean the municipal
firemen's pension board.
(3)
"Child or children" shall mean a
child or children unmarried and under
eighteen years of age.
(4)
"Contributions" shall mean and include all sums deducted from the salary of
firemen and paid into the fund as hereinafter provided.
(5)
"Disability" shall mean and include
injuries or sickness sustained as a result
of the performance of duty.
(6)
"Fireman" shall mean any person
regularly or temporarily, or as a substitute, employed and paid as a member of a
fire department, who has passed a civil
service examination for fireman and who is
actively employed as a fireman; and shall
include any "prior fireman".
(7)
"Fire department" shall mean the
regularly organized, full time, paid, and
employed
force
of
firemen
of
the
municipality.
(8)
"Fund" shall mean the firemen's
pension fund created herein.
(9)
"Municipality" shall mean
every
city and town having a regularly organized
full time, paid, fire department employing
firemen.
(10)
"Performance of duty" shall mean
the performance of work and labor regularly required of firemen and shall include
services of an emergency nature rendered
while off regular duty, but shall not
include time spent in traveling to work
before answering roll call or traveling
from work after dismissal at roll call.
(11)
"Prior fireman" shall mean a fireman who was actively employed as a fireman
of a fire department prior to the first
day of January,
1947, and who continues
such employment thereafter.
(12)
"Retired fireman" shall mean and
include a person employed as a fireman and
retired under the provisions of chapter
50, Laws of 1909, as amended.
(13)
"Widow or widower" means the surviving wife or husband of a
retired
fireman who was retired on account of
length of service and who was lawfully
married to such fireman; and whenever that
term is used with reference to the wife or
former wife or husband or former husband
of a retired fireman who was retired
because of disability, it shall mean his
or her lawfully married wife or husband on
the date he or she sustained the injury or
contracted the illness that resulted in
his or her disability. Said term shall
1973 RCW SUPP.
not mean or include a surviving wife or
husband who by process of law within one
year prior to the retired fireman's death,
collected or attempted to collect from him
or her funds for the support of herself or
himself or for his or her children. (1973
1st ex.s. c 154 § 61; 1947 c 91 § 1; Rem.
Supp. 1947 § 9578-40.)
~~ygiE~ili1Y==1973
121
~!~
note following RCW 2.12.030.
£
12~~
See
41.16.020
PENSIQM ~Q!B~ £REA!~Q=-~=
~BS-=~llH~==YAC!M£!~2==0Ffl~~RS==2QQ~
There is hereby created in each city and
town a municipal firemen's pension board
to consist of the following five members,
ex officio, the mayor, or in a city of the
first class, the mayor or his designated
representative who shall be an elected
official of the city, who shall be chairman of the board, the city comptroller or
clerk, the chairman of finance of the city
council, or if there is no chairman of
finance,
the city treasurer, and in addition, two regularly
employed
firemen
elected by secret ballot of the firemen.
The first members to be elected by the
firemen shall be for a term of one and two
years, respectively, and their successors
shall be elected annually for a two year
term. The two firemen so elected shall,
in turn, select a third fireman who shall
serve as an alternat9 in the event of an
absence of one of the regularly elected
firemen.
In case a vacancy occurs in the
membership of the firemen members, the
members of the fire department shall in
the same manner elect a successor to serve
his unexpired term. The board may select
and appoint a secretary who may, but need
not be a member of the board. In case of
absence or inability of the chairman to
act, the board may select a chairman pro
tempore who shall during such absence or
inability perform the duties and exercise
the powers of the chairman. A majority of
the members of said board shall constitute
a
quorum and have power to transact
business. (1973 1st ex.s. c 19 § 1;
1961
c 255 § 10; 1947 c 91 § 2; Rem. Supp. 1947
§ 9578-41. Prior:
1935 c 39 § 1; 1919 c
196 § 3; 1909 c 50§§ 1, 2.]
41.16.060
TAX LEVY FOR FUND. 1~lf~£=
TIVE UNTIL ~!NUA~I I~ l97~r--rt shall be
the-dutY-of the legislative authority of
each municipality, each year as a part of
its annual tax levy, to levy and place in
the fund a tax of one-half of one mill on
all the taxable property of such municipality:
PROVIDED, That if a repor~ by a
qualified actuary on the condition of the
fund establishes that the whole or any
part of said millage is not necessary to
maintain the actuarial soundness of the
fund, the levy of said one-half of one
mill may be omitted, or the whole or any
part of said millage may be levied and
used for any other municipal purpose.
[ 327 ]
41.16.060
PUBLIC EMPLOYMENT
----------------------------------------------It shall be the duty of the legislative
authority of each municipality, each year
as a part of its annual tax levy and in
addition to the city levy limit set forth
in RCW 84.52.042, as now or hereafter
amended, to levy and place in the fund an
additional tax of one-half of one mill on
all taxable proper~y of such municipality:
PROVIDED, That if a report by a qualified
actuary establishes that all or any part
of the additional one-half of one mill
levy is unnecessary to meet the estimated
demands on the fund under this chapter for
the ensuing budget year, the levy of said
additional one-half of one mill may be
omitted, or the whole or any part of such
millage may be levied and used for any
other municifal purpose. [1973 1st ex.s.
c 195 § 144; 1970 ex.s. c 92 § 2;
1965
ex.s. c 45 § 1; 1961 c 255 § 9; 1951 c 72
§ 1; 1947 c 91 § 6;
Rem. Supp.
1947 §
9578-45.
Prior:
1929 c 86 § 12; 1919 c
196 § 15; 1909 c 50 § 14. 1
aeverabili!~~ffec!iVe date§ £llQ !~
nation dates--Construction--1973 1st ex.s.
£ 1951
followinglicw84 .sz. 043.-
see-notes
bEVl FO]
lQH~
JAMEND=
.J21!!..!.l I t shall
be the duty of the legislative authority
of each municipality, each year as a part
of its annual tax levy, to levy and place
in the fund a tax of twenty-two and onehalf cents per thousand dollars of assessed
value against all the taxable
property of such municipality:
PROVIDED,
That if a report by a qualified actuary on
the condition of the fund establishes that
the whole or any part of said dollar rate
is not necessary to maintain the actuarial
soundness of the fund, the levy of said
twenty-two and one-half cents per thousand
dollars of assessed value may be omitted,
or the whole or any part of said dollar
rate may be levied and used for any other
municipal purfose.
It shall be the du~y of the legislative
authority of each municipality, each year
as a part of its annual tax levy and in
addition to the city levy limit set forth
in RCW 84.52.050, as now or hereafter
amended, to levy and place in the fund an
additional tax of twenty-two and one-half
cents per thousand dollars of assessed
value against all taxable property of such
municipality:
PROVIDED, That if a report
by a qualified actuary establishes that
all or any part of the additional twentytwo and one-half cents per thousand dollars of assessed value levy is unnecessary
to meet the estimated demands on the fund
under this chapter for the ensuing budget
year, the levy of said additional twentytwo and one-half cents per thousand dollars of assessed value may be omitted, or
the whole or any part of such dollar rate
may be levied and used for any other
municipal purpose. [ 1973 1st ex.s. c
195
§ 43; 1970 ex.s. c 92 § 2; 1965 ex.s. c 45
§ 1; 1961 c 255 § 9; 1951 c 72 § 1; 1947 c
41.16.060
l!J.t!I EFl'].fll.Yli
TAX
~NUARl _k
91 § 6; Rem. Supp. 1947 § 9578-45.
Prior:
19 2 9 c 8 6 § 12; 19 19 c 1 96 § 15; 1 9 0 9 c 50
§ 14. 1
g_ygrabilllv-Effeftiyg .££~§ g,ng _!ermigates--ConstructiQn==J273 1st ~~~
£ 195: See notes following RCW 84.52.043.
~i2n
41.16.09C
Lilli .QI ~NSIO,& All pensioners rece1v1ng a pens1on under the
provisions of this chapter as provided for
in section 12, chapter 91, Laws of 1947
and RCW 41.16.230, shall from and after
April 25, 1973 receive a
m1n1mum pension
of three hundred dollars per month. [1973
1st ex.s. c 181 § 1; 1967 ex.s. c 91 § 2;
1959 c 5 § 3; 1957 c 82 § 3. Prior: 1947
c 91 § 8, part; 1935 c 39 § 2, part; 1929
c 86 § 2, part; 1919 c 196 § 4, part; 1909
c 50 § 4, part; Rem. Supp. 1947 § 9578-47,
part. ]
41.16.100
PAYMENT Q] DE,b1,tl Qf .li]TIR];J2
FIREl!!.!h The widow- or widower, child,
children or beneficiary of any fireman
retired under this chapter shall receive
an amount egual to his or her accumulated
contributions to the fund,
plus earned
interest thereon compounded semiannually:
PROVIDED, That there shall be deducted
from said sum the amount paid to decedent
in pensions and the remainder shall be
paid to his or her widow or widower,
child, children or beneficiary:
PROVIDED
FURTHER, That the amount paid shall not be
less than one thousand dollars. (1973 1st
ex.s. c 154 § 62; 1959 c 5 § 4; 1957 c 82
§ 4.
Prior:
1947 c 91 § 8, part; 1935 c
39 § 2, part; 1929 c 86 § 2, part; 1919 c
196 § 4, part; 1909 c 50 § 4, part; Rem.
Supp. 1947 § 9578-47, part.]
~ygilli_li t y , 12 7 3 1§! ~ £
note following RCW 2.12.030.
1.2!!.;. See
4 1 • 1 6 • 12 0
p AlliD!I QJi Q]!I!! .!] 1.l!!.E .QI
DUTY..!.
Whenever any active fireman or
fireman retired for disability shall die
as the result of an accident or other
fortuitous event occurring while in the
performance of his or her duty, his widow
or her widower may elect to accept a
monthly pension equal to one-half the
deceased fireman's salary but in no case
in excess of one hundred fifty dollars per
month, or the sum of five thousand dollars
cash.
The right of election must be
exercised within sixty days of the fireman's death.
If not so exercised, the
pension benefits shall become fixed and
shall be paid from the date of death.
Such pension shall cease if, and when, he
or she remarries. If there is no widow or
widower, then such pension benefits shall
be paid to his or her child or children.
(1973 1st ex.s. c 154 § 63; 1959 c 5 § 6;
1957 c 82 § 6.
Prior:
1947 c 91 § 8,
part; 1935 c 39 § 2, part; 1929 c 86 § 2,
( 328 )
FIREMEN'S RELIEF AND PENSIONS--1947 ACT
41.16.170
---------------------------------------------------------part; 1919 c 196 § 5, part; 1909 c 50 § 4,
part; Rem. Supp. 1947 § 9578-47, part.]
~~~g~i111l=z121J 121 ~§~ £ ~~
note following RCW 2.12.030.
See
41.16.140
PAYMENT QPO! QISA~b]~EN! MQ1
IN LINE OF QQTY.
Any fireman who has
served- more than fifteen years and sustains a disability not in the performance
of his or her duty which renders him or
her unable to continue his or her service,
shall within sixty days exercise his or
her choice either to receive his or her
contribution to the fund,
plus earned
interest compounded semiannually, or be
retired and paid a monthly pension based
on the factor of his or her age shown in
RCW 41.16.08C, times his or her average
monthly salary as a member of the fire
department of his or her municipality at
the date of his or her retirement, times
the number of years of service rendered at
the time he or she sustained such disability.
If such fireman shall die leaving
surviving him a wife or surviving her a
husband, or child or children, then such
wife or husband, or if he leaves no wife
or she leaves no husband, then his or her
child or children shall receive the sum of
his contributions,
plus accumulated compound interest, and such payment shall be
reduced in the amount of the payments made
to deceased. (1973 1st ex.s. c 154 § 64;
1959 c 5 § 8; 1957 c 82 § 8. Prior:
1947
c 91 § 8, part; 1935 c 39 § 6, part;
1929
c 86 § 7, part; 1919 c 196 § 9, part; 1909
c 50 § 9, part; Rem. Supp. 1947 § 9578-47.
part. ]
~~~bili1v~197J 121 ~§..:. £
note following RCW 2.12.030.
154~
see
41.16.150
f!IMEMI ON SEPARATION FROM
(1)
Any fireman who-has--served
twenty years or more and who shall resign
or be dismissed, shall have the option of
receiving all his or her contributions
plus earned interest compounded semiannually, or a monthly pension in the amount
of his average monthly salary times the
number of years of service rendered, times
one and one-half percent. Payment of such
pension shall commence at the time of
severance from the fire department, or at
the age of fifty-five years, whichever
shall be later. The fireman shall have
sixty days from the severance date to
elect which option he or she will take.
In the event he or she fails to exercise
his or her right of election then he or
she shall receive the amount of his or her
contributions plus accrued compounded interest.
In the event he or she elects
such pension, but dies before attaining
the age of fifty-five, his widow or her
widower, or if he leaves no widow or she
leaves no widower, then his or her child
or children shall receive only his contribution,
plus accrued compounded interest.
~~VICE~
1973 RCW SUPP.
[ 329
In the event he elects to take a pension
and dies after attaining the age of fiftyfive, his widow or her widower, or if he
leaves no widow or she leaves no widower,
then child or children shall receive his
or her contributions, plus accrued compounded interest,
less the amount
of
pension payments made to such fireman
during his or her lifetime.
(2)
Any fireman who shall have served
for a period of less than twenty years,
and shall resign or be dismissed, shall be
paid the amount of his or her contributions,
plus accrued compounded interest.
(1973 1st ex.s. c 154 § 65; 1959 c 5 § 9;
1957 c 82 § 9. Prior:
1947 c 91 § 8,
part; Rem. Supp. 1947 § 9578-47, part.]
~~~~rabili!X==~73 1st ~z~~ £ 154~
note following RCW 2.12.030.
see
41.16.160
PAYMENT ON Q~!TH liQI l ] LINg
OF QQI~ Whenever any fireman, after four
years of service, shall die from natural
causes, or from an injury not sustained in
the performance of his or her duty and for
which no pension is provided in this
chapter, and who has not been retired on
account of disability,
his widow or her
widower, if he or she was his wife or her
husband at the time he or she was stricken
with his or her last illness, or at the
time he or she received the injuries from
which he or she died; or if there is no
such widow, then his or her child or
children shall be entitled to the amount
of his or her contributions, plus accrued
compounded interest, or the sum of one
thousand dollars, whichever sum shall be
the greater.
In case of death as above
stated, before the end of four years of
service, an amount based on the proportion
of the time of service to four years shall
be paid such beneficiaries.
[1973 1st
ex.s. c 154 § 66; 1959 c 5 § 10; 1957 c 82
§ 1C.
Prior:
1947 c 91 § 8, part; 1929 c
86 § 7, part; 1919 c 196 § 9, part; 1909 c
50 § 9, part; Rem. Supp. 1947 § 9578-47,
part. ]
~gyer~~i1ity==121l 12i ~Z~ £ 12~~
note following RCW 2.12.030.
See
41.16.170
f!X~~MI ON ~ATH QK
FIREMAN
WITH NO DEPENDENTS.
Whenever a fireman
dies leaving--no--widow or widower
or
children, the amount of his or her accumulated contributions, plus accrued compounded interest only, shall be paid his
or her beneficiary. (1973 1st ex.s. c 154
§ 67;
1959 c 5 § 11; 1957 c 82 § 11.
Prior:
1947 c 91 § 8, part; 1935 c 39 §
5;
1929 c 86 § 6, part; 1919 c 196 § 8,
part; 1909 c 50 § 8, part; Rem. Supp. 1947
§ 9578-4 7, part. J
~~~~£abi1i1Y=_1273 1£1 ~!~§..:. £ 12~~
note following RCW 2.12.030.
1
See
41.16.230
PUBLIC EMPLOYMENT
-------------~-----------------------------------------------------------------------
B]g]A1 ~Q]§ ]Q1 Afl]CT Af=
Chapter 50, Laws of 1909;
chapter 196, Laws of 1919; chapter 86,
Laws of 1929, and chapter 39, Laws of 1935
(sees. 9559 to 9578, incl., Rem.
Rev.
stat.; sees. 396-1 to 396-43, incl., PPC)
and all other acts or parts of acts in
conflict herewith are hereby repealed:
PROVIDED, That the repeal of said laws
shall not affect any "prior fireman", his
widow, her widower, child or children, any
fireman eligible for retirement but not
retired, his widow, her widower, child or
children, or the rights of any retired
fireman, his widow, her widower, child or
children, to receive payments and benefits
from the firemen's pension fund created
under this chapter, in the amount, and in
the manner provided by said laws which are
hereby repealed and as if said laws had
not been repealed. [1973 1st ex.s. c
154
§ 68;
1947 c 91 § 12; Rem. supp. 1947 §
9578-51.]
41.16.230
f]Q~
RIGHT~~
~~~.§.!/ility
1211
~1 ~~ ~
note following RCW 2.12.030.
.12.!!1.
See
Chapter 41.18
FIREMEN'S RELIEF AND PENSIONS--1955 ACT
41.18.010
DEFINITIONS.
For the purpose of this--chapter;--unless
clearly
indicated otherwise by the context, words
and phrases shall have the meaning hereinafter ascribed.
(1)
"Beneficiary" shall mean any person
or persons designated by a fireman in a
writing filed with the board, and who
shall be entitled to receive any benefits
of a deceased fireman under this chapter.
(2)
"Fireman" means any person hereafter regularly or temporarily,
or as a
substitute newly employed and paid as a
member of a fire department,
who has
passed a civil service examination for
fireman and who is actively employed as a
fireman or, if provided by the municipality by appropriate local legislation, as a
fire dispatcher:
PROVIDED,
Nothing in
this 1969 amendatory act shall impair or
permit the impairment of any vested pension rights of persons who are employed as
fire dispatchers at the time this 1969
amendatory act takes effect;
and
any
person heretofore regularly or temporarily, or as a substitute, employed and paid
as a member of a fire department, and who
has contributed under and been covered by
the provisions of chapter 41.16 RCW as now
or hereafter amended and who has come
under the prov~s~ons of this chapter in
accordance with RCW 41.18.170 and who is
actively engaged as a fireman or as a
member of the fire department as a fireman
or fire dispatcher.
(3)
"Retired fireman" means and includes a person employed as a fireman and
retired under the provisions of
this
chapter.
[ 330
(4)
"Basic salary" means the
basic
monthly salary,
including longevity pay,
attached to the rank held by the retired
fireman at the date of his retirement,
without regard to extra compensation which
such fireman may have received for special
duties assignments not acquired through
civil service examination:
PROVIDED, That
such basic salary shall not be deemed to
exceed the salary of a battalion chief.
(5)
"Widow or widower" means the surv~ v~ng
spouse of a fir em an and shall
include the surviving wife or husband of a
fireman,
retired on account of length of
service, who was lawfully married to him
or to her for a period of five years prior
to the time of his or her retirement; and
the survkv~ng wife or husband of a fireman, retired on account of disability, who
was lawfully married to him or her at and
prior to the time he or she sustained the
injury or contracted the illness resulting
in his or her disability. The word shall
not mean the divorced wife or husband of
an active or retired fireman.
(6)
"Child" or "children" means a fire·
man's child or children under the age of
eighteen years,
unmarried, and in the
legal custody of such fireman at the time
of his death or her death.
(7)
"Earned interest" means and includes all annual increments to the fire·
men's pension fund from income earned by
investment of the fund.
The earned interest payable to any fireman when he leaves
the service and accepts his contributions,
shall be that portion of the total earned
income of the fund which is directly
attributable to each individual fireman's
contributions.
Earnings of the fund for
the preceding year attributable to indi·
vidual contributions shall be allocated to
individual firemen's accounts as of Janu·
ary 1st of each year.
(8)
"Board" shall mean the municipal
firemen's pension board.
11
(9)
Contributions" shall mean and in·
elude all sums deducted from the salary of
firemen and paid into the fund as herein·
after provided.
(10)
"Disability" shall mean and in·
elude injuries or sickness sustained by a
fireman.
11 Fire
(11)
department" shall mean the
regularly organized, full time, paid, and
employed
force
of
firemen
of
the
municipality.
(12)
"Fund" shall have the same meaning
as in RCW 41.16.010 as now or hereafter
amended. Such fund shall be created in the
manner and be subject to the provisions
specified in chapter 41.16 RCW as now or
hereafter amended.
11 Municipality 11
(13)
shall mean every
city, town and fire protection district
having a regularly organized full time,
paid, fire department employing firemen.
(14)
"Performance of duty" shall mean
the performance of work or labor regularly
required of firemen and shall include
services of an emergency nature normally
rendered while off regular duty. [1973
]
41.18.080
FIREMEN'S RELIEF AND PENSIONS--1955 ACT
--------------------------------------------------------------------------------------1st ex.s. c 154 § 69; 1969 ex.s. c 209 §
40;
1965 ex.s. c 45 § 2; 1961 c 255 § 1;
1955 c 3 82 § 1. ]
Sev~~.Qility
197] ..1§! ex.~.:. £
note following RCW 2.12.030.
m.i.
See
41.18.040
~!IIREM~li! fOR ~ERV!~=-WIQ=
OW'S OR WIDOWER'S PENSION--PAYMENTS TO
fHILD~M.:.
the
time of taking effect of this act or
thereafter, shall have been
appointed
under civil service rules and have served
for a period of twenty-five years or more
as
a member in any capacity of the
regularly constituted fire department of
any city, town or fire protection district
which may be subject to the provisions of
this chapter, and shall have attained the
age of fifty years, he or she shall be
eligible
for retirement and shall be
retired by the board upon his or her
written request.
Upon his or her retirement such fireman shall be paid a monthly
pension which shall be equal to fifty
percent of the basic salary now or hereafter attached to the same rank and status
held by the said fireman at the date of
his or her retirement: PROVIDED, That a
fireman hereafter retiring who has served
as a member for more than twenty-five
years, shall have his pension payable
under this section increased by two percent of the basic salary per year for each
full year of such additional service to a
maximum of five additional years.
Upon the death of any such retired fireman, his or her pension shall be paid to
his widow or her widower, at the same
monthly rate that the retired fireman
would have received had he or she lived,
if such widow or widower was his wife or
her husband for a period of five years
prior to the time of his or her retirement.
If there be no widow or widower,
then such monthly payments shall be distributed to and divided among his or her
children, share and share alike,
until
they reach the age of eighteen or are
married, whichever occurs first.
(1973
1st ex.s. c 154 § 70; 1969 ex.s. c 209 §
29; 1965 ex.s. c 45 § 3; 1961 c 255 § 3;
1955 c 382 § 4.]
Whenever anyfireman;at-
41.18.045
Q]
WIQQ~E]~
QI
g]]~Qli
BENEF!!~ fQ~ ~IQQ]~
QM]~TI]E~~
ELIGIBLE FIREn~==~~TRQA£!1!]..:.
Upon the--death of-a
fireman who is eligible to retire under
RCW 41.18.040 as now or hereafter amended,
but who has not retired, a pension shall
be paid to his widow or her widower at the
same monthly rate that he or she was
eligible to receive at the time of his or
her death, if such widow or widower was
his wife or her husband for a period of
five years prior to his or her death.
If
there be no widow or widower, then such
1973 RCW SUPP.
[ 331
monthly payments shall be distributed to
and divided among his or her children,
share and share alike,
until they reach
the
age of eighteen or are married,
whichever comes first.
This section shall apply retroactively
for the benefit of all widows or widowers
and survivors of firemen who died after
January 1,
1967, if such firemen were
otherwise eligible to retire on the date
of death. [1973 1st ex.s.
c 154 § 71;
1969 ex. s. c 209 § 25. ]
~~!~~.Qili!Y--..121~
121
~!~§~
note following RCW 2.12.030.
£ ..12i.i.
See
UPON DISABLEMENT NOT
.u41.18.080 his PAYMENT y--£ iremaii--iiha- has
J#l!~ 2r gQ!I~--in
completed
or her probationary period
and has been permanently appointed, and
sustains a disability not in the performance of his or her duty which renders him
or her unable to continue his or her
service, may request to be retired by
filing a written request with his or her
retirement board within sixty days from
the date of his or her disability. The
board may, upon such request being filed,
consult such medical advice as it deems
fit and proper. If the board finds the
fireman capable of performing his or her
duties, it may refuse to recommend retirement and order the fireman back to duty.
If no request for retirement has been
received after the expiration of sixty
days from the date of his or her disability, the board may recommend retirement of
the fireman.
The board shall give the
fireman a thirty day written notice of its
recommendation, and he or she shall be
retired upon expiration of said notice.
Upon retirement he shall receive a pension
equal to fifty percent of his or her basic
salary.
For a period of ninety days
following
such disability the fireman
shall receive an allowance from the fund
equal to his or her basic salary.
He or
she shall during said ninety days be
provided with such medical, hospital, and
nursing care as the board deems proper.
No
funds shall be expended for such
disability if the board determines that
the fireman was gainfully employed or
engaged for compensation in other than
fire department duty when the disability
occurred, or if such disability was the
result of dissipation or abuse.
Whenever
any fireman shall die as a result of a
disability sustained not in the line of
duty, his widow or her widower shall
receive a monthly pension equal to onethird of his or her basic salary until
remarried; if such widow or widower has
dependent upon her or him for support a
child or children of such deceased fireman, he or she shall receive an additional
pension as follows: One child, one-eighth
of the deceased's basic salary; two children, one-seventh; three or more children,
one-sixth.
If there be no widow
or
widower, monthly payments equal to one-
J
41.18.080
PUBLIC EMPLOYMENT
-------------------------------------------------------------------------third of the deceased fireman's
basic
salary shall be made to his or her child
or children. The widow or widower may
elect at any time in writing to receive a
cash settlement, and if the board after
hearing finds it financially beneficial to
the pension fund, he or she may receive
the sum of five thousand dollars cash in
lieu of all future monthly pension payments, and other benefits, including benefits to any child and/or children.
(1973
1st ex.s. c 154 § 72; 1965 c 109 § 1; 1961
c 255 § 5; 1955 c 382 § 9.]
.§.§.!er~£iliiY=l971 1!ii ~~ £
note following RCW 2.12.030.
ill.i.
See
41.18.100
gA!]~NT ON DEAili Ili LI~~
Q!
OR WHILE .EETJ.!i.ID2 Qli AC£Q!!~I Q!
~ERVI~~
~ON~ECJ~~
~IS~J1111~
In
the
event a fireman is killed in the performance of duty, or in the event a fireman
retired on account of service connected
disability shall die frcm any cause,
his
widow or her widower shall receive a
monthly pension under one of the following
applicable prov~s1ons:
(1)
If a fireman
is killed in the line of duty his widow or
her widower shall receive a monthly pension equal to fifty percent of his or her
basic salary at the time of his or her
death; (2)
if a fireman who has retired
on account of a service connected disability djes, his widcw or her widower shall
receive a monthly pension equal to the
amount of the monthly pension such retired
fireman was receiving at the time of his
or her death.
If she or he at any time so
elects in writing and the board after
hearing finds it to be financially beneficial to the pension fund, he or she may
receive in lieu of all future monthly
pension
and other benefits,
including
benefits to child or children, the sum of
five thousand dollars in cash. If there be
no widow or widower at the time of such
fireman's death or upon the widow's or
widower's death the monthly pension benefits hereinabove provided for shall be
paid to and divided among his or her child
or children share and share alike, until
they reach the age of eighteen or are
married,
whichever occurs first.
The
widow's or widower's monthly pension benefit,
including increased benefits to his
or her children shall cease if and when he
or she remarries.
All pensions payable
under the provisions of this section shall
be subject to an annual cost of living
increase which shall be equal to two
percent of the pension granted the widow
or widower at the time of the death of the
fireman.
This increase shall be effective
and be paid starting with the January
payment of each succeeding year.
[1973
1st ex.s. c 154 § 73; 1969 ex.s. c 209 §
28; 1965 ex.s. c 45 § 4; 1955 c 382 § 8.)
lli!I!
.§.§.!~Qil!iY-197 J
1.21
~~ £
154.£.
See
note following RCW 2.12.030.
[
41.18.200
MINI~y~
PENSION.
All
retirees and survivors receiving-a pension
under the provisions of this chapter shall
from and after April 25, 1973 receive a
minimum pension of three hundred dollars
per month. (1973 1st ex.s. c 181 § 2.]
chapter 41. 20
POLICE RELIEF AND PENSIONS IN FIRST CLASS
CITIES
41.20.010
BOARD OF TRUSTEES--COMPOSI(1)
The-mayor--or--his--d~ignated
representative who shall be an elected
official of the city, and the clerk,
treasurer, president of the city council
or mayor pro tern of each city of the first
class, or in case any such city has no
city council,
the commissioner who has
supervision
of the police department,
together with three members of the police
department, to be elected as herein provided,
in addition to the duties now
required of them, are constituted a board
of trustees of the relief and pension fund
of the police department of each such
city, and shall provide for the disbursement
of the fund, and designate the
beneficiaries thereof.
(2)
The police department of each city
of the first class shall elect three
regularly appointed, qualified, and acting
members of the department to act
as
members
of the board.
On the first
election following adoption of this 1955
amendatory act (1955 c 69], one member
shall be elected for a three year term,
one for a two year term, and one for a one
year term. Thereafter, one new member
shall be elected each year for a three
year term.
Existing members shall continue in office until replaced as provided
for in this section.
(3)
Such election shall be held in the
following manner. Not more than thirty
nor less than fifteen days preceding the
first day of June in each year, written
notice of the nomination of any member of
the department for membership on the board
may be filed
with the secretary of the
board.
Each notice of nomination shall be
signed by not less than five members of
the department, and nothing herein contained shall prevent any member of the
department from signing more than one
notice of nomination. The election shall
be held on a date to be fixed by the
secretary during the month of June. Notice of the dates upon which notice of
nomination may be filed and of the date
fixed for the election of such members of
the board shall be given by the secretary
of the board by posting written notices
thereof in a prominent place in the police
headquarters.
For the purpose of such
election, the secretary of the board shall
prepare and furnish printed or typewritten
ballots in the usual form, containing the
names of all persons regularly nominated
for membership and shall furnish a ballot
TIQ!~
332 ]
POLICE RELIEF AND PENSIONS IN FIRST CLASS CITIES
41.20.050
---------------~---------------------------------·-------
box for the election.
Each member of the
police department shall be entitled to
vote at the election for one nominee as a
member of the board except in the first
election where each may cast three votes.
The chief of the department shall appoint
two members to act as officials of the
election,
who shall be allowed their
regular wages for the day,
but shall
receive no additional compensation therefor. The election shall be held in the
police headquarters of the department and
the polls shall open at 7:30 a.m.
and
close
at 8:30 p.m.
The one nominee
rece~v~ng
the highest number of votes
shall be declared elected to the board and
his term shall commence on the first day
of July succeeding the election. In the
£irst election the nominee receiving the
greatest number of votes shall be elected
to the three year term, the second greatest to the two year term and the third
greatest to the one year term. [ 1973 1st
ex.s. c 16 § 1; 1955 c 69 § 1; 1911 c 18 §
1; 1909 c 39 § 1; RRS § 9579.]
41~20.020
Qffif~~
~~~
The mayor,
Qf ~QARQ--!!!2!1
or his designated
representative, shall be ex officio chairman, the clerk shall be ex officio secretary,
and the treasurer shall be ex
officio treasurer o£ said board.
The
secretary of said board, at the time of
making his annual reports as said city
clerk, shall annually report the condition
of said fund, the receipts and disbursements on account of the same, together
with a complete list of the beneficiaries
of said fund, and the amounts paid to each
of them. [1973 1st ex.s. c 16 § 2; 1909 c
39 § 2; RRS § 9580.]
41.20.030
fUND--~QQ]UM~
H~~Il!fr~--DISBU~EMENT~
QE
The board herein provided
for shall hold monthly meetings on the
first Mondays of each month and upon the
call of its president.
It shall issue
warrants, signed by its president and
secretary, to the persons entitled thereto
under provisions of this chapter other
than RCW 41.20.050, 41.20.060,
41.20.080
and 41.20.085 for the amounts of money
ordered paid to such persons from such
fund by said board, which warrants shall
state for what purpose such payments are
made; it shall keep a record of its
proceedings, which record shall be
a
public record; it shall, at each monthly
meeting, send to the treasurer of such
city a written or printed list of all
persons entitled to payment under provisions of this chapter other than RCW
41.20.050~ 41.20.060, 41.20.080 and 41.20.085 from the fund herein provided for,
stating the amount of such payments and
for what granted,
which list shall be
certified to and signed by the president
and secretary of such board~ attested
under oath.
The treasurer of such city
shall thereupon enter a copy of said list
1973 RCW SUPP.
upon a book to be kept for that purpose
and which shall be known as "the police
relief and pension fund book",
and the
said board shall direct payment of the
amounts named therein to the
persons
entitled thereto, out of such fund.
The
treasurer shall prepare and enter into
such book an additional list showing those
persons entitled to payment under RCW
41.20.050, 41.20.060~ 41.20.080 and 41.20~
.085 and shall on the last day of each
month issue warrants in the appropriate
amounts to such persons.
A majority of
all the members of said board herein
provided for shall constitute a quorum,
and
have power to transact business.
[1973 c 143 § 1; 1911 c 18 § 5; 1909 c 39
§ 11 i RR S § 9 58 9 • J
41.20.050
PENSION Q! SET~~~~lii rQ£
YE!~ Qf a~RVIf~~-Whenever a person has
been duly appointed, and has served honorably for a period of twenty-five years, as
a member, in any capacity, of the regularly constituted police department of a city
subject to the provisions of this chapter,
the
board, after hearing, if one is
requested in writing, may order and direct
that such person be retired, and the board
shall retire any member so entitled,
upon
his written request therefor. The member
so retired hereafter shall be paid from
the fund during his lifetime a pension
equal to fifty percent of the amount of
salary at any time hereafter attached to
the position held by the retired member
for the year preceding the date of his
retirement: PROVIDED, That, except as to a
position higher than that of captain held
for at least three calendar years prior to
date of retirement, no such pension shall
exceed an amount equivalent to
fifty
percent of the-salary of captain, and all
existing pensions shall be increased to
not less than three hundred dollars per
month as of April 25,
1973:
PROVIDED
FURTHER, That a person hereafter retiring
who has served as a member for more than
twenty-five years, shall have his pension
payable under this section increased by
two percent of his salary per year for
each full year of such additional service
to a maximum of five additional years.
Any person who has served in a position
higher than the rank of captain for a
minimum of three years may elect to retire
at such higher position and receive for
his lifetime a pension equal to fifty
percent of the amount of the salary at any
time hereafter attached to the position
held by such retired member for the year
preceding his date of retirement:
PROVIDED, That such person make the said election to retire at a higher position by
September 1, 1969 and at the time of
making the said election,
pay into the
relief and pension fund in addition to the
contribution required by RCW 41.20.130:
(1) an amount equal to six percent of that
portion of all monthly salaries previously
received upon which a sum equal to six
[ 333 ]
41.20.05~
PUBLIC EMPLOYMENT
--------------------------------------------------------------------------------------percent has not been previously deducted
and
paid into the police relief and
pension fund; (~ and such person agrees
to continue paying into the police relief
and pension fund until the date of retirement,
in addition to the contributions
required by RCW 41.20.130, an amount equal
to six percent of that portion of monthly
salary upon which a six percent contribution is not currently deducted pursuant to
RCW 41.20.130.
Any person affected by this chapter who
at the time of entering the armed services
was a member of such police department and
is a veteran as defined in RCW 41.04.005,
shall have added to his period of employment as computed under this chapter,
his
period of war service in the armed forces,
but such credited service shall not exceed
five years and such period of service
shall be automatically added to
each
member's service upon payment by him of
his contribution for the period of his
absence
at the rate provided in RCW
4 1 • 2 0 • 13 0 •
( 19 7 3 1 st e x • s • c
181 §
3;
1969 ex.s. c 269 § 6; 1969 ex.s. c 219 §
1; 1969 ex.s. c 209 § 36; 1969 c 123 § 1;
, 961 c 19, § , ; 19 59 c 7 8 § 3; 1 9 59 c 6 §
1.
Prior: 1957 c 84 § 1; 1955 c 69 § 3;
1945 c45§ 1; 1937c24 §1; 1915c40§
2; 1911 c 18 § 2; 1909 c 39 § 4;
Rem.
Supp. 1945 § 9582.]
ON REIIgEMENI fQE
Whenever any person, while
serving as a policeman in any such city
becomes physically disabled by reason of
any bodily injury received in the immediate or direct performance or discharge of
his duties as a policeman, or becomes
incapacitated for service, such incapacity
not having been caused or brought on by
dissipation or abuse, of which the board
shall be judge, the board may,
upon his
written request filed with the secretary,
or without such written request, if it
deems it to be for the benefit of the
public, retire such person from the department, and order and direct that he be
paid from the fund during his lifetime, a
pension equal to fifty percent of the
amount of sala~y at any time hereafter
attached to the position which he held in
the department at the date of his retirement, but not to exceed an amount equivalent to fifty percent of the salary of
captain except as to a position higher
than that of captain held for at least
three calendar years prior to the date of
+etirement in which case as to
such
position the provisions of RCW 41.20.050
shall apply, and all existing pensions
shall be increased to not less than three
hundred dollars per month as of April 25,
1973: PROVIDED, That where, at the time of
retirement hereafter for disability under
this
section,
such person has serveg
honorably for a period of more
than
twenty•five years as a member, in any
capacity,
of the regularly constituted
police department of a city subject to the
41.20.060
f~ON
DISA§I1II!~
[ 334
provisions of this chapter, the foregoing
percentage factors to be applied in com·
puting the pension payable under this
section shall be increased by two percent
of his salary per year for each full year
of such additional service to a maximum of
five additional years.
Whenever such
disability ceases, the
pension shall cease, and such person shall
be restored to active service at the same
rank he held at the time of his retirement, and at the current salary attached
to said rank at the time of his return to
active service.
Disability benefits provided for by this
chapter shall not be paid when the policeman is disabled while he is engaged for
compensation in outside work not of a
police or special police nature.
(1973
1st ex.s. c 181 § 4; 1969 ex.s. c 219 § 2;
1969 ex.s. c 209 § 37; 1969 c 123 § 2;
1961 c 191 § 2; 1959 c 78 § 4; 1959 c 6 §
2; 1957 c 84 § 2; 1955 c 69 § 5; 1937 c 24
§ 2;
1911 c 18 § 3; 19 09 c 3 9 § 5; RRS §
9583.]
41.20.080
!f!]E
g~NSJQE
Q]
~!1tl ~]XQRE Q~
RETIREtl~~1~
Whenever any member of
the police department of any such city
loses his life while actually engaged in
the performance of duty, or as the proximate result thereof, leaving a surviving
spouse or child or children under the age
of eighteen years, upon satisfactory proof
of such facts made to it, the board shall
order and direct that a pension, equal to
one-half of the amount of the salary at
any time hereafter attached to the position which such member held in the police
department at the time of his death, shall
be paid to the surviving spouse for life,
or if there is no surviving spouse, or if
the surviving spouse shall die, then to
the child or children until they are
eighteen years of age: PROVIDED, That if
such spouse or child or children marry,
the person so marrying shall thereafter
receive no further pension from the fund:
PROVIDED FURTHER, That all existing pensions shall be increased to not less than
three hundred dollars per month as of
April 25, 197 3.
If any member so losing his life, leaves
no spouse, or child or children under the
age of eighteen years, the board shall pay
the sum of two hundred dollars toward the
funeral expenses of such member. [1973
1st ex.s. c 181 § 5; 1961 c 191 § 3; 1959
c 78 § 5;
1959c6§3; 1957c84§3;
1955 c 69 § 6; 1937 c 24 § 3; 1915 c 40 §
3; 1909 c 39 § 7; RRS § 9585.]
41.20.085
ll!~E
R]!§ION Q! DEATH
REill~JU;NT~g!lliN§
~~KQ~~
~ggy_g
Q£
!l.QI
FORMERLY COVERED- 11 S URVIVING SPOUSE" 12].:
FI]ED~-- Wh;;€;er-a;y-meiber of-the-police
department of any such city shall die, or
shall have heretofore died, or whenever
any such member who has been heretofore
retired or who is hereafter retired for
]
VOLUNTEER FIREMEN'S RELIEF AND PENSIONS
41.24.030
--------------------------------------------------------------------------------------length of service or a disability,
shall
have died, or shall die, leaving a surviving spouse or child or children under the
age of eighteen years, upon satisfactory
proof of such facts made to it, the board
shall order and direct that a pension
equal to one-third of the amount of salary
at any time hereafter attached to the
position held by such member in the police
department at the time of his death or
retirement, net to exceed one-third of the
salary of captain, shall be paid to the
surviving spouse during the
surviving
spouse's life, and in addition, to the
child or children, until they are eighteen
years of age, as follows:
For one child,
one-eighth of the salary on which such
pension is based;
for two children, a
total of one-seventh of said salary;
and
for three or more children, a total of
one-sixth of said salary: PROVIDED, If
such spouse or child or children marry,
the person so marrying shall receive no
further pension from the fund.
In case
there is no surviving spouse, or if the
surviving spouse shall die, the child or
children shall be entitled to the spouse•s
share in addition to the share specified
herein until they reach eighteen years of
age.
No spouse shall be entitled to any
payments on the death of a retired officer
unless such surviving spouse has been
married to such officer for a period of at
least five years prior to the date of his
retirement.
As of April 25, 1973, a surv~v~ng spouse
not otherwise covered by the provisions of
section 2, chapter 78, Laws of 1959, shall
be entitled to a pension of three hundred
dollars per month.
HSurviving spouse" as used in this section
means
surviving female or male
spouse. [ 1973 1st ex.s. c 181 § 6;
1969
ex.s.
c 209 § 26; 1961 c 140 § 1; 1959 c
78 § 2.]
41.20.170
1]!~1E~ QI MEtl~Eli~liiR~
Any
former employee of a department of a city
of the first class who (1) was a member of
the employees' retirement system of such
city, and
(2) is now employed within the
police department of such city, may transfer his membership from the city employees• retirement system to the
city•s
police relief and pension fund system by
filing a written request with the board of
administration and the board of trustees,
respectively, of the two systems.
Upon the receipt of such request, the
transfer of membership to the
city•s
police relief and pension fund system
shall be made, together with a transfer of
all accumulated contributions credited to
such member. The board of administration
of the city•s employees• retirement system
shall transmit to the board of trustees of
the city's police relief and pension fund
system a record of service credited to
such member which shall be computed and
credited to such member as a part of his
period of employment in the city's police
1973 RCW SUPP.
[
relief and pension fund system.
For the
purpose of the transfer contemplated by
this section,
the affected individuals
shall be allowed to restore withdrawn
contributions to the city employees•
retirement system and reinstate their membership service records.
Any employee so transferring shall have
all the rights,
benefits and privileges
that he would have been entitled to had he
been a member of the city•s police relief
and pension fund system from the beginning
of his employment with the city.
No person so transferring shall thereafter be entitled ~o any other
public
pension,
except that provided by chapter
41.26 RCW or social security,
which is
based upon service with the city.
The right of any employee to file a
written request for transfer of membership
as set forth herein shall expire December
31,
1973.
(1973 c 143 § 2; 1969 ex.s. c
209 § 27; 1963 c 82 § 1.]
Chapter 41.24
VOLUNTEER FIREMEN'S RELIEF AND PENSIONS
41.24.030
STATE TRUST FUND CREATED-COMPOSITION--INVESTMENT-=usE::TREASURER1SiEPoRr:---There--rs--createa--in the-state
treasury a trust fund for the benefit of
the firemen of the state covered by this
chapter, which shall be designated the
volunteer firemen's relief and pension
fund and shall consist of:
(1)
All bequests, fees, gifts, emoluments, or donations given or paid to the
fund.
(2)
An annual fee for
each member of
its fire department to be paid by each
municipal corporation for the purpose of
affording the members of its fire department with protection from death or disability as herein provided as follows:
(a) three dollars for each volunteer
or
part-paid member of its fire department;
(b)
a sum equal to one-half of one
percent of the annual salary attached to
the rank of each full-paid member of its
fire department, prorated for 1970 on the
basis of services prior to March 1, 1970.
(3)
Where a municipal corporation has
elected to make available to the members
of its fire department the retirement
provisions as herein provided, an annual
fee of thirty dollars for each of its
firemen electing to enroll therein, ten
dollars of which shall be paid by the
municipality and twenty dollars of which
shall be paid by the fireman.
(4)
Forty percent of all moneys received by the state from its tax on fire
insurance premiums shall be paid into the
state treasury and credited to the fund.
(5)
The state finance committee,
upon
request
of the state treasurer shall
invest such portion of the amounts credited to the fund as is not, in the judgment
of the treasurer, required to meet current
withdrawals.
such investments may be made
335 ]
41.24.030
PUBLIC EMPLOYMENT
------in such bonds, notes or other obligations
now or hereafter authorized as an investment for the funds of the state employees•
retirement system.
(6)
All bonds or other obligations purchased according to subdivision (5) shall
be forthwith placed in the custody of the
state treasurer, and he shall collect the
principal thereof and interest thereon
when due.
The state finance committee may sell any
of the bonds or obligations so acquired
and the proceeds thereof shall be paid to
the state treasurer.
The interest and proceeds from the sale
and redemption of any bonds or other
otligations held by the fund shall be
credited to and form a part of the fund.
All amounts credited to the fund shall
be
available for making the payments
required by this chapter.
The state treasurer shall make an annual
report showing the condition of the fund.
[ 1973 1st ex.s. c 170 § 1; 1970 ex.s. c 6
§ 19; 1967 c 160 § 2; 1957 c 116 § 1; 1955
c 223 § 1; 1945 c 261 § 3; Rem. Supp. 1945
§ 9578-17.
Prior: 1935 c 121 § 1; RRS §
9578-1.]
~.tl~1.i~ .Q~1.21J 1~1 tl..!.§.:. £ 11Ql
"This 1973 amendatory act shall
take
effect on July 1, 1973." (1973 1st ex.s. c
170 § 5.] This applies to the amendments
to RCW 41.24.030, 41.24.170, 41.24.180 and
41.24.200 by 1973 1st ex.s. c 170.
41.24.160
DEATH BENEFITS.
Whenever a
fireman dies -a;--the--result of injuries
received, or sickness contracted in consequence or as the resul~ of the performance
of his or her duties, the board
of
trustees shall order and direct the pay•
ment of the sum of one thousand dollars to
his widow or her widower, or if there be
no widow or widower, then to his or her
dependen~
child or children, or if there
be no dependent child or children, then to
his or her parents or either of them, and
the sum of one hundred dollars per month
to his widow or her widower during his or
her life together with the additional
monthly sums of twenty-five dollars for
the youngest or only child and twenty
dollars for each additional child of the
member, unemancipated or under eighteen
years of age, dependent upon the member
for support at the time of his or her
death, to a maximum total of two hundred
dollars per month: PROVIDED, That i f there
is no widow or widower, or the widow or
widower dies while there are children,
unemancipated or under eighteen years of
age,
then the amount of one
hundred
dollars per month shall be paid for the
youngest or only child together with an
additional twenty dollars per month for
each additional of such children to a
maximum of two hundred dollars per month
until they become emancipated or reach the
age of eighteen years; and if there are no
[
widow or widower, child or children ectitled thereto,
then to his or her parents
or either of them the sum of one hundred
dollars per month for life, if it is
proved to the satisfaction of the boar~
~hat
the parents, or either of them, were
dependent on the deceased for their support at the time of his or her death:
PROVIDED, That if the widow or widower,
child or children, or the parents, or
either of them, marry while receiving such
pension
the person so marrying shall
thereafter receive no further pension from
the fund.
In the case provided tor herein, the
monthly payment provided may be converted
in whole or in part, into a lump sum
payment, not in any case to exceed eight
thousand five hundred dollars, equal or
proportionate,
as the case may be, to the
value of the annuity then remaining, to be
fixed and certified by the state insurance
commissioner, in which event the monthly
payments shall cease dn whole or in part
accordingly or proportionately. Such conversion may be made either upon written
application to the state board and shall
rest in the discretion of the state board;
or the state board is authorized to make,
and authority is hereby given it to make,
on its own motion, lump sum paymen~s,
equal or proportionate, as the case may
be, to the value of the annuity then
remaining in full satisfaction of claims
due to dependents.
Within the rule aforesaid the amount and value of the lump sum
payment may be agreed upon between the
applicant and the state board. Any person
receiving a monthly payment hereunder at
the time of the effective date of this act
may elect, within two years, to convert
such payments into a lump sum payment as
herein provided. ( 1973 1st ex.s. c 154 §
74;
1965 c 86 § 2; 1961 c 57§ 1; 1957 c
159 § 2; 1953 c 253 § 2; 1951 c 103 § 2;
1945 c 261 § 16; Rem. supp. 1945 § 957830.
Prior:
1935 c 121 § 6; RRS § 95786. ]
41. 24. 170
REIIfi~ME!!.I
R~li~IQl!.§.~
Whenever any fireman has been a member and
served honorably for a period of twentyfive years or more as an active member in
any capacity, of any regularly organized
volunteer fire department of any municipality in this state, and which municipality and fireman are enrolled under the
retirement provisions, and the fireman has
reached the age of sixty-five years, the
board of trustees shall order and direct
that he be retired and be paid a monthly
pension as provided in this section.
Whenever a fireman has been a member,
and served honorably for a period of
twenty-five years or more as an active
member in any capacity, of any regularly
organized volunteer fire department of any
municipality in this state, and he has
336 J
VOLUNTEER FIREMEN'S RELIEF AND PENSIONS
41.24.180
--------------------------------------------------------------------------------------reached the age of sixty-five years,
and
the annual retirement fee has been paid
for a period of twenty-five years,
the
board of trustees shall order and direct
that he be retired and such fireman be
paid a monthly pension of one hundred
dollars from the fund for the balance of
his life.
Whenever any fireman has been a member,
and served honorably for a period of
twenty-five years or more as an active
member in any capacity, of any regularly
organized volunteer fire department of any
municipality in this state, and the fireman has reached the age of sixty-five
years, and the annual retirement fee has
been paid for a period of less than
twenty-five years, the board of trustees
shall order and direct that he be retired
and that such fireman shall receive a
minimum monthly pension of twenty-five
dollars increased by the sum of three
dollars each month for each year the
annual fee has been paid, but not to
exceed the maximum monthly pension herein
provided, for the balance of his life.
No pension herein provided shall become
payable before the sixty-fifth birthday of
the fireman, nor for any service less than
twenty-five
years:
PROVIDED, HOWEVER,
That:
(1)
Any fireman, upon completion of
twenty-five years• service and attainment
of age sixty,
may irrevocably elect, in
lieu of the pension to which he would be
entitled hereunder at age sixty-five, to
receive for the balance of his life a
monthly pension equal to sixty percent of
such pension.
(2)
Any fireman, upon completion of
twenty-five years' service and attainment
of age sixty-two, may irrevocably elect,
in lieu of the pension to which he would
be entitled hereunder at age sixty-five,
to receive for the balance of his life a
monthly
pension equal to seventy-five
percent of such pension. [1973 1st ex.s.
c 170 § 2; 1969 c 118 § 5; 1961 c 57 § 2;
1953 c 253 § 3; 1951 c 103 § 1; 1945 c 261
§ 17; Rem. Supp. 1945 § 9578-31.]
ilU~cti~ £-S!~-1971
1st ex.s.
See note following RCW 41724.0307-
41.24.180
1;11 ID: 127 3 _ll,!
LU~ ~M~ PA!~HI2
EX~~
~
jlQ .§
1!2
£
lJ.Q.:.
!~tND=
~
The
board of trustees of any municipal corporation shall direct payment in lump sums
from said fund in the following cases:
(1)
To any volunteer fireman, upon attaining the age of sixty-five years, who,
for any reason, is not qualified
to
receive the monthly retirement pension
herein provided and who was enrolled in
said fund and on whose behalf annual fees
for retirement pension were paid,
an
amount
egual
to the amount paid by
himself.
(2)
If any fireman dies before attaining the age at which a pension shall be
payable to him under the provisions of
1973 RCW SUPP.
[
this chapter, there shall be paid to his
widow, or if there be no widow to his
child or children, or if there be no widow
or child or children then to his heirs at
law as may be determined by the board of
trustees
or to his estate if it be
administered and there be no h~irs as
above determined, an amount equal to the
amount paid into said fund by himself.
(3)
If any fireman dies after beginning
to receive the pension provided for in
this chapter,
and before receiving an
amount egual to the amount paid by himself
and the municipality or municipalities in
whose department he shall have served,
there shall be paid to his widow, or if
there be no widow then to his child or
children, or if there be no widow or child
or children then to his heirs at law as
may be determined by the board of trustees, or to his estate if it be administered and there be no heirs as above
determined, an amount equal to the difference between the amount paid into said
fund by himself and the municipality or
municipalities
in whose department he
shall have served and the amount received
by him as a pensioner.
(4)
If any volunteer fireman retires
from the fire service before attaining the
age of sixty-five years, he may make
application for the return of the amount
paid into said fund by himself. [1973 1st
ex.s. c 170 § 3; 1961 c 57 § 3; 1945 c 261
§ 18; Rem. supp. 1945 § 9578-22.]
Reviser•s note:
RCW
41.24.180
was
amen~twice during the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rcile of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
41. 24. 180
k]!'JP 2UI'l R!XME!i!~ 1!~ ,!ME.@.:
ED BY ll2J ~1 il.L_2.:_ ~ i l l .§ 1.21~ The
board of trustees of any municipal corporation shall direct payment in lump sums
from said fund in the following cases:
(1}
To any volunteer fireman, upon attaining the age of sixty-five years,
who,
for
any reason, is not qualified to
receive the monthly retirement pension
herein provided and who was enrolled in
said fund and on whose behalf annual fees
for
retirement pension were paid, an
amount equal to the amount paid by himself
or herself:
PROVIDED, HOWEVER, That this
provision shall not be construed as depriving any active fireman from completing
the requisite number of years of active
service after attaining the age of sixtyfive years as may be necessary to entitle
him or her to the pension as herein
provided.
(2)
If any fireman dies before attaining the age at which a pension shall be
payable to him or her under the provisions
337 ]
41.24.180
PUBLIC EMPLOYMENT
--------------------------------------------------------------------------------------of this chapter, there shall be paid to
his widow or her widower, or if there be
no widow or widower to his or her child or
children, or if there be no widow or
widower or child or children then to his
or her heirs at law as may be determined
by the board of trustees or to his or her
estate if it be administered and there be
no heirs as above determined, an amount
equal to the amount paid into said fund by
himself or herself.
(3)
If any fireman dies after beginning
to receive the pension provided for in
this chapter, and before receiving an
amount equal to the amount paid by himself
and the municipality or municipalities in
whose department he or she shall have
served, there shall be paid to his widow
or her widower, or if there be no widow or
widower then to his or her child or
children, or if there be no widow or
widower or child or children then to his
or her heirs at law as may be d~termined
by the board of trustees, or to his or her
estate if it be administered and there be
no heirs as above determined, an amount
equal to the difference between the amount
paid into said fund by himself or herself
and the municipality or municipalities in
whose department he or she shall have
served and the amount received by him or
her as a rensioner.
(4)
If any volunteer fireman retires
from the fire service before attaining the
age of sixty-five years, he or she may
make application for the return of the
amount paid into said fund by himself or
herself. (1973 1st ex.s. c 154 § 75; 1961
c 57 § 3; 1945 c 261 § 18; Rem. Supp. 1945
§ 9578-22.]
~~~£~£1liiy=-12Il
12!
~~~
note following RCW 2.12.030.
£ 154~
See
Reviser's note:
RCW
41.24.180
was
amended--twice--auring the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
41.24.200
SERVICE NEED NOT BE CONTINU!--srNGtE--oEPARTMENT:-~e
aggregate term
service-of any fireman
need not be continuous nor need it be
confined to a single fire department nor a
single municipality in this state
to
entitle such fireman to a pension:
PROVIDED, That he has been duly enrolled in a
fire department of a municipality which
has elected to make provisions for the
retirement of its firemen at the time he
becomes eligible for such pension as in
this chapter provided, and has paid all
fees prescribed. To be eligible to the
full
pension a fireman must have an
aggregate of twenty-five years service,
have made twenty-five annual payments into
the fund, and be sixty-five years of age
at the time he commences drawing the
QUS
BQ] IN
of
[
pension provided for by this chapter, all
of which twenty-five years service must
have been in the fire department of a
municipality or municipalities which have
elected to make provisions for the retirement of its volunteer firemen: PROVIDED,
HOWEVER, That nothing herein contained
shall require any fireman having twentyfive years active service to continue as a
fireman and no fireman who has completed
twenty-five years of active service for
which annual pension fees have been paid
and who continues as a fireman shall be
required to pay any additional annual
pension fees.
[1973 1st ex.s. c 170 § 4;
1961 c 57 § 4; 1953 c 253 § 5; 1945 c 261
§ 20; Rem. Supp. 1945 § 9578-34.]
Chapter 41.26
LAW ENFORCEMENT OFFICERS' AND FIRE FIGHTERS' RETIREMENT SYSTEM
41.26.040
SY~IEM ~li~ATEQ==ME~~~li~EI£==
FUliQ~ TRAN~f~RS==AMOR!IZA!ION OF Ylif[HQ~Q
LI~ILITI~~
The Washington law enforce-
ment officers' and fire fighters•
retirement system is hereby created for fire
fighters and law enforcement officers.
(1)
All fire fighters and law enforcement officers emrloyed as such on or after
March 1, 1970, on a full time fully
compensated basis in this state shall be
members of the retirement system established by this chapter with respect to all
periods of service as such, to the exclusion of any pension system existing under
any
prior act except as provided in
subsection (2) o~ this section.
(2)
Any employee serving as a law enforcement officer or fire fighter on March
1,
1970, who is then making retiremen~
contributions under any prior act shall
have his membership transferred to the
system established by this chapter as of
such date. Upon retirement for service or
for disability, or death, of any such
employee, his retirement benefits earned
under this chapter shall be computed and
paid. In addition, his benefits under the
prior retirement act to which he was
making contributions at the time of this
transfer shall be computed as if he had
not transferred. For the purpose of such
computations, the employee's creditability
of service and eligibility for service or
disability retirement and survivor and all
other benefits shall continue to be as
provided in such prior retirement act, as
if transfer of membership had not occurred.
The excess, if any, of
the
benefits so computed, giving full value to
survivor benefits, over the benefits payable under this chapter shall be paid. If
the employee's prior retirement system was
the Washington public employees' retirement system, payment of such excess shall
be made by that system; if the employee's
338 ]
LAW ENFORCEMENT OFFICERS' AND FIRE FIGHTERS' RETIREMENT SYSTEM
41.26.070
--------------------------------------------------------------------------------------ptior retirement system was the state-wide
city employees• retirement system, payment
of such excess shall be made by the
employer which was the member's employer
when his transfer of membership occurred:
PROVIDED, That any death in line of duty
lump sum benefit paymen~ shall continue to
be
the obligation of that system as
provided in RCW 41.44.210; in the case of
all other prior retirement systems, payment of such excess shall be made by the
employer which was the member's employer
when his transfer of membership occurred.
(3)
All funds held by any firemen's or
policemen's relief and pension fund shall
remain in that fund for the purpose of
paying the obligations of the fund.
The
municipality shall continue to levy the
dollar rate as provided in RCW 41.16.060,
and this dollar rate shall be used for the
purpose of paying the benefits provided in
chapters 41.16 and 41.18 RCW.
The obligations of chapter 41.20 RCW shall continue
to be paid from whatever financial sources
the city has been using for this purpose.
{4)
Any member transferring ~rom the
washington public employees•
retirement
system or the state-wide ci~y employees•
retirement system shall have transferred
from the appropriate fund of the prior
system of membership, a sum sufficient to
pay into the Washington law enforcement
officers• and fire fighters•
retirement
system fund the amount of the employees•
and employers• contributions plus credited
interest in the prior system for all
service, as defin€d in this chapter,
from
the date of the employee's entrance therein until March 1, 1970. Except as provided
for in subsection
(2), such transfer of
funds shall discharge said state retirement systems from any further obligation
to pay benefits to such
transferring
members with respect to such service.
(5)
All unfunded liabilities created by
this or any other section of this chapter
shall be computed by ~he actuary in his
biennial
evaluation.
Such computation
shall provide for amortization of the
unfunded liabilities over a period of not
more than forty years from March 1,
1970.
The amount thus computed as necessary
shall be reported to the governor by the
board of the retirement system for inclusion in the budget. The legislature shall
make the necessary appropriation to fund
the unfunded liability from the state
general fund beginning with the 1971-1973
biennium. (1973 1st ex.s. c 195 § 44;
1970 ex.s. c 6 § 2; 1969 ex.s. c 209 § 4.]
~gy~£gBi1i1Y==]ffec!i!~ da!~§ gnd !~~i=
ggj;.§.§==~Qll st.£!!£1i o.ll==1211 1st ~~.!..
.n.ll io.n
£
j95~
See notes following RCW 84.52.043.
1973 RCW SUPP.
[
in the state treasury to be known as the
Washington law enforcement officers• and
fire fighters• retirement fund, and shall
consist of all moneys paid into it in
accordance with the provisions of this
chapter,
whether such moneys shall take
the form of cash,
securities, or other
assets.
The members of the retirement
board shall be the trustees of these funds
created by this chapter and the retirement
board shall have full power to invest or
reinvest these funds in the securities
authorized by RCW 43.84.150 and 41.40.072:
PROVIDED, That the board shall authorize
the state finance committee to execute all
transactions in connection with the purchase, sale, or exchange of any investment
that it has authorized pursuant to its
statutory authority.
{1)
The state treasurer shall be the
custodian of all funds of the retirement
system and all disbursements therefrom
shall be paid by the state treasurer upon
vouchers duly authorized by the retirement
board and bearing the signature of the
duly authorized officer of the retirement
board.
(2)
The state treasurer is hereby authorized and directed to deposit
any
portion of the funds of the retirement
system not needed for immediate use in the
same manner and subject to all the provisions of law with respect to the deposit
of state funds by such treasurer, and all
interest earned by such portion of the
retirement system's funds as may be deposited by the state treasurer in pursuance
of
authority herewith given shall be
collected by him and placed to the credit
of the retirement fund or the retirement
system expense fund.
(3)
Into the retirement system fund
shall be paid all moneys received by the
retirement board, and paid therefrom shall
be all refunds,
adjustments,
retirement
allowances and other benefits provided for
herein.
All contributions by employers
for the expense of operating the retirement system as provided for herein shall
be transferred by the state treasurer from
the retirement system fund to the retirement system expense fund upon authorization of the retirement board.
{4)
There is hereby utilized for the
purposes of this chapter, the retirement
system expense fund,
as provided for in
RCW 41.40.080 and from which shall be paid
the expenses of the administration of this
retirement system.
{5) In order to reimburse the retirement system expense fund on an equitable
basis the retirement board shall ascertain
and report to each employer the
sum
necessary to defray its proportional share
of the entire expense of the administration of this chapter during the ensuing
biennium or fiscal year whichever may be
required.
Such sum is to be computed in
an amount directly proportional to the
estimated
entire expense of the said
administration as the ratio of monthly
salaries of the employer's members bears
339 ]
41.26.070
PUBLIC EMPLOYMENT
------------------------------------------------ -------------------------------------to th~ total salaries of all members in
the entire system. It shall then be the
duty of all such employers to include in
their budgets or otherwise provide the
amounts so required.
(6)
The retirement board shall compu~e
and bill each employer at the end of each
month for the amount due for that month to
the retirement system expense fund and the
same shall te paid as are its other
obligations.
Such computation as to each
such employer shall be made on a percentage rate of salary established by the
board:
PROVIDED, That the retiremen~
board may at its discretion establish a
system of billing based upon calendar year
quarters in which event the said billing
shall be at the end of each such quarter.
(7)
For ~he
purpose
of
providing
amounts to te used to defray the cost of
such administration, the retirement board
shall ascertain at the beginning of each
biennium and request from the legislature
an appropriation from the retirement system expense fund sufficient to
cover
estimated expenses for the said biennium.
(8)
RCW 41.26.060, 41.26.070 and 41.26.085
shall take effect commencing on
January 1, 1972. (1973 1st ex.s. c 103 §
2;
1971 ex.s. c 216 § 2; 1969 ex.s. c 209
§ 7. ]
~gyerabilit.Y==-1.211 1§! ~.!~.!.. f. 1C3.:_
note following RCW 2.10.080.
circumstance is held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected." [1973 1st ex.s. c 189
§ 12.] This applies to RCW 41.32.190,
41.32.245, 41.32.260, 41.32.350,
41.32·
.405, 41.32.4944,
41.32.497, 41.32.498,
41.32.4982 and 41.32.499.
41.32.200
AUTHORIII QVEB
IQNQ~==!]~
VESTMENT.§ AUTliQBIZEQ.!.. [1969 ex.s. c 150 §
6; 1965 '3XoSo C 81 § 2; 1963 ex.s. C 14 §
3;
1961 c 297 § 1; 1955 c 274 § 6; 1947 c
80 § 20;
Rem.
Supp.
1947 § 4995-39.
Prior:
1941 c 97 § 6, part; 1939 c 86 §
6, part; 1937 c 221 § 7, part; 1923 c 187
§ 14;
Rem.
Supp.
1941 § 4995-7, part.]
Repealed by 1973 1st ex.s. c 103 § 17.
41.32.201
IHY~~!MENT~_QENER!1
£~~
RIQH ~PE£111]Q~ Any investments und~r RCW
43.84.150 shall be made with the exercise
of that degree of judgment and care, under
circumstances then prevailing, which men
of prudence, discretion and intelligence
exercise in the management of ~heir own
affairs,
not for speculation but
for
investment, considering the probable safety of their capital as well as
the
probable income to be derived. [1973 1st
ex.s. c 103 § 3; 1961 c 297 § 2.]
See
~gy~rabiliiY==J273
J.§!
.§~~.:.
f.
1Qll
See
note following RCW 2.10.080.
Chapter 41.32
TEACHERS' RETIREMENT
41.32.202
SECURITIES PURCHASED QB HE1Q
FOR FUNDS UNDER-STATE-TREASHRERis CONTROL
ro-~~
HI~--cusroDY~--~11--securities
purchased or held on behalf of funds,
pursuant to RCW 43.84.150 and 41.32.207,
held or disbursed through the sta~e treasury shall be in the physical custody of
the state treasurer who may deposit with
the fiscal agent of the state, or with a
state depository, such of said securities
as he shall consider advisable to be held
in safekeeping by said agent or bank for
collection of principal and interest, or
of the proceeds of sale thereof. [1973
1st ex.s. c 103 § 4; 1961 c 297 § 3.]
IN
41.32.030
Cross Reference:
Certain moneys payable during 1973-1975
biennium to be from interest earnings:
RCW 41.32.4982.
41.32.190
!NNQ!1 INIER~ IQ BE CR]Q=
From interest and other earnings on
the moneys of the retirement system,
and
except as otherwise provided in RCW 41.32.405 and 41.32.499, at the close of each
fiscal year the board of trustees shall
make such allowance of regular interest on
the balance which was on hand at the
beginning of the fiscal year in each of
the funds as they may deem advisable;
however, no interest shall be credited to
the expense fund or the pension fund.
[1973 1st ex.s. c 189 § 7; 1955 c 274 § 5;
1947 c 80 § 19; Rem. Supp. 1947 § 4995-38.
Prior:
1941 c 97 § 6, part; 1939 c 86 §
6,
part; 1937 c 221 § 7, part; Rem. Supp.
1941 § 4995-7, part.]
ITE~
~~Efi!!!iliiY==1211 l§i gh§.!.. £ J.03.:_
note following RCW 2.10.080.
See
41.32.207
AUTHORIII QVEB
IQNQ~==lB=
. VE~~~
The board of trustees shall be
the trustees of the several funds created
by this chapter and shall have full power
to authorize the state finance committee
to invest and reinvest such funds in the
manner prescribed by RCW 43.84.150, and
not otherwise.
[1973 1st ex.s. c 103 §
15. ]
.§tl.§.B.~ili!.:t=: 197]
1st ex.s. c 189: "If
any provision of this 1973-amendatory-act,
or
its ap~lication to any person or
[ 340
~yggbili ty==J273 J.st g.!~ £ 1Q1l
note following RCW 2.10.080.
)
See
41.32.310
TEACHERS' RETIREMENT
--------------------------------------------------------------------------------------Seyg,£gbiJ.JJ:.~=1~73 l~i ~lb..§.!.. £
note following RCW 41.32.190.
41.32.245
~~IA!N PHY~ICA111 ~PA~I=
TAT~ ~A! ~I~R ~YSTE~==~l~!IAIIO~~
Notwithstanding
the
provisions
of
RCW
41.32.240, any person who has left employment within the state for any reason at
least fifteen years prior to April 25,
1973 with at least fifteen years
of
service credit at the time of such withdrawal and who
because
of
physical
incapacibilities is no longer employable
as a teacher within this state may be
admitted into the system upon acceptance
by the board and making such reasonable
payments as the board shall determine
necessary therefor. Said application to
be
submitted before JanuarY. 1,
1974.
(1973 1st ex.s. c 189 § 13.]
~~~~g~ili1~==1~1l
1§1
ex.§~
£ 189~
gg£1§ of §gct12Q§ £§iiQS~i1Y~l.
following RCW 41.32.498.
197 3 RCW SUPP.
See
[
See
See note
41.32.310
TIME
LIMIT
fQR ~~AlttlNQ
~~B.YIC~ CR~QIT-PAYMENI~~ Any member desiring to establish credit for services
previously rendered, must present proof
and make the necessary payments before
January 31, 1974. Payments covering all
types of membership service credit must be
made in a lump sum prior to January 31,
1974:
PROVIDED, That a member who had "Lhe
opportunity under this section prior to
July 1,
1965 to establish credit for
services previously rendered and failed to
do so shall be permitted to establish such
credit only for previous public school
service
rendered
in
the
state
of
Washington:
PROVIDED FURTHER,
That
a
member
who had the opportunity under
chapter 41.32 RCW prior to July 1, 1969,
to establish credit for active United
States military service or credit for
professional preparation and failed to do
so shall be permitted to establish such
additional credit within the provisions of
RCW 41.32.260 and 41.32.330.
Any member
desiring to establish credit under the
provisions of this 1969 amendment must
present
proof and make the necessary
payment before June 30, 1974; or, if not
employed on the effective date of this
amendment, before June 30th of the fifth
school
year upon returning to public
school employment in this state.
(1973
2nd ex.s. c 32 § 2; 1969 ex.s. c 150 § 9;
19 6 5 ex . s. c 8 1 § 8 ; 1 9 5 5 c 27 4 § 12 ; 1 9 4 7
c 80 § 31; Rem. Supp. 1947 § 4995-50.]
note following RCw 41.32.190.
41.32.260
CREDIT FOR MILITARY SERVICE
oR As sTATE tiGI'sLAToii:- -Anym€iiiber-whose
public school-serVICe--is interrupted by
active service to the United States as a
memper of its military, naval or air
service, or to the state of washington, as
a member of the legislature,
may upon
becoming reemployed in the public schools,
rece1ve credit for such service
upon
presenting satisfactory proof, and contributing to the annuity fund, either in a
lump sum or installments, such amounts as
shall be determined by the board
of
trustees:
PROVIDED, That no such military
service credit in excess of five years
shall
be established or reestablished
after July 1, 1961, unless the service was
actually rendered during time of war:
PROVIDED FURTHER, That a member of the
retirement system who is a member of the
state legislature or a state official
eligible for the combined pension and
annuity provided by RCW 41.32.497, or
41.32.498, as now or hereafter amended
shall have deductions taken from
his
salary in the amount of seven and one-half
percent of compensation and that service
credit
shall be established with the
retirement system while such deductions
are reported to the retirement system,
unless he has by reason of his employment
become a contributing member of another
public retirement system in the state of
Washington:
AND PROVIDED FURTHER, That a
member of the retirement system who had
previous service as an elected or appointed official, for which he did not contribute to the retirement system, may receive
credit for such legislative service unless
he has received credit for that service in
another state retirement system,
upon
making contributions in such amounts as
shall be determined by the board
of
trustees. [1973 1st ex.s. c 189 § 1; 1971
ex.s. c 271 § 1; 1967 c 50 § 2; 1961 c 132
§ 2; 1955 c ~74 § 8; 1947 c 80 § 26; Rem.
Supp. 1947 § 4995-45.
Prior:
1941 c 97 §
4, part; 1939 c 86 § 4, part; 1937 c 221 §
1, part; Rem. Supp. 1941 § 4995-5, part.]
1§.2.!..
~,!!!g£g§l!£Y=:i~12 £nd
~~§..!. £ ll.!.. "This
1973 amendatory act i~ necessary for the
immediate
preservation
of the public
peace, health, and safety, the support of
the state government and its existing
public institutions, and shall take effect
immediately." [1973 2nd ex.s. c 32 § 7.]
~gygg!;!ili1y=1273
2nd §..!ti.!.. £ 32~ "If
any provision of this 1973 amendatory act,
or
its application to any person or
/circumstance is held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected." [1973 2nd ex.s. c 32
§ 6. ]
The foregoing annotations apply to RCW
41.32.310, 41.32.4931,
41.32.499,
41.32.520 and 41.32.580.
Reviser's note:
"this 1969 amendment"
addea-the-IaSt--proviso to this section
relating to the establishment of military
service credit.
~.ffectiv~ £g~=:J~69
July 1,
1969,
41.32.030.
341
J
see
jst
note
f
1.2Q.:.
following RCW
~~.§~
41.32.350
PUBLIC EMPLOYMENT
--------------------------------~------------------------------------------------------
41.32.350
CON!RIBUTIO~~
TO
ANN]111~
QISiliLIT.!
_g_gRVL_ AN] 12~!!!! BENEf.!!
FUNDS--ADDITIONAL
CONTRIBUTIONS.
Each
year--during--which -he--is--eiployed each
member shall contribute five percent of
his earnable compensation. These contributions shall be placed in the annuity
fund,
the disability reserve fund and the
death benefit fund.
A member may make an
additional lump sum payment at date of
retirement, net to exceed his accumulated
contributions, to purchase additional annuity: PROVIDED, Tha~ effective July 1,
1974,
the amount of contribution reguired
from each member by this section shall be
increased to six percent of his earnable
compensation.
[1973 1st ex.s. c 189 § 6;
1963 ex.s. c 14 § 7; 1955 c 274 § 16; 1947
c 80 § 35; Rem.
Supp.
1947 § 4995-54.
Prior:
1941 c 97 § 5, part; 1939 c 86 §
5, part; 1937 c 221 § 6, part; 1931 c
115
§ 4,
part; 1923 c 115 § 11, part; 1917 c
163 § 10, part; Rem. Supp. 1941 § 4995-6,
part. ]
IQ.B
~]~~.H§
~~.Bll:f;J;
.Q]
(1)
Any
former member of the teachers• retirement
system or a former fund who is receiving a
retirement allowance for service or disability on July 1, 1967, shall upon application approved by the board of trustees
of the retirement system receive a pension
of five dollars and fifty cents per month
for each year of creditable service established with the retirement system: PROVIDED, That such former members who were
retired pursuant to option 2 or option 3
of BCW 41.32.530 shall upon like application receive a pension which is actuarially equivalent under said option to the
benefits provided in this section: PROVIDED FURTHER, That the benefits provided
under this section. shall be available only
to former members who have reached age
sixty-five or are disabled for further
public school service and are not receiving federal old age, survivors or disability benefit payments (social security) and
are not able to qualify for such benefits:
PROVIDED FURTHER, That anyone gualifying
for benefits pursuant to this section
shall not receive a smaller pension than
he was receiving prier to July 1, 1967.
(2)
Effective the first
day of the
month following *the effective date of
this 1973 amendatory act, former members
who have gualified for and have been
granted benefits under this section shall
receive an additional special pension of
three dollars per month per year
of
service
credit.
Such special pension
shall be in additi9n to the
minimum
pension provided by RCW 41.32.497 and the
cost-of-living increases provided under
section 9, chapter 189, Laws of 1973 1st
ex. sess., RCW 41.32.499. [ 1973 2nd ex.s.
c 32 § 3; 1967 c 151 § 6.]
41.32.405
lNCOM~ XQND f]~!!ED~
An income fund is hereby created for
the
purpose of crediting regular interest and
such other income as may be derived from
the deposits and investments of the various funds of the teachers•
retirement
fund.
All accumulated contributions in
the account of a terminated member which
remain unclaimed after the expiration of
ten years from the date of termination
shall thereafter be transferred to the
income fund as provided in RCW 41.32.510.
Any moneys that may come into the possession of the retirement system in the form
of gifts or bequests which are not allocated to a specific fund, or any other
moneys the disposition of which is not
otherwise provided herein, shall be credited to the income fund.
The moneys
accumulated in the income fund shall be
available for transfer, upon board authorization,
to the expense fund
toward
payment of the members• share of the
operating costs of the system as provided
in RCW 41.32.410, and for regular interest
allowance to the various funds of the
teachers'
retirement fund as provided iti
RC~ 41.32.190
and 41.32.460:
PROVIDED,
That from such accumulated moneys the
board shall have sole discretion to determine an amount thereof to be credited tc
the annuity fund which will thereupon be
credited as regular interest to the individual members• accounts:
PROVIDED FURTHER,
That
from
interest and other
earnings on the moneys in the annuity fund
the board may specifically allocate up to
one percent per annum of such interest and
other earnings for the purpose of making
sufficient funds available to facilitate
the adjustment in the retirement allowance
provided in RCW
41.32.499.
[1973 1st
ex.s. c 189 § 8; 1969 ex.s. c 150 § 12.)
[
Qf
lillHT~
I.Qli~~_g
]~IillMENT !110W!B~~
Ql~ABI1JTY ON ~Q11 1~ ~~
41.32.4931
RECEUIN§
*Reviser's note:
"the effective date of
this-1973amendatory act", because of the
emergency clause footnoted to RCW 41.32.310, is September 27, 1973, the date of
approval by the governor. Note retroactive
effect of amendment to RCW 41.32.499 (4).
~l!!tl~Q£Y==~gyg.s_Q i l i t Y::_121J .£!1..~
£ 32l_
§.!.:.2.:..
See notes following RCW 41.32.310.
[QliDS REQUIREQ IQR f!~~li!
ELECTED AND APPOINTED
OFFI£1!1~
~liQE~ -RC! --41:32.49~-~NV
41.32.498.
The board of~trustees shall
determine-the amount of employer contribu·
tion rate necessary to properly fund the
increased benefits granted elected and
appointed officials by RCW 41.32.497 and
41.32.498.
Upon determining the amount of
employer contribution necessary, the board
shall inform, bill and collect from the
employer of those elected or appointed
41.32.4944
OF
342
)
BENEFIT~
!Q
41.32.498
TEACHERS' RETIREMENT
-------------------------------------------------------------~------------------------
officials the amount so determined in the
same manner and to the same extent as the
public emfloyees• re~irement system pursuant to RCW 41.40.370.
(1973 1st ex.s. c
189 § 5.)
~~~s~ili1~=-1273
12!
~~~~
£
189~
See
note following RCW 41.32.190.
41.32.497
B]IJEEM]NT
ALbQ~!NCE
FO]
E.!ill.!l.lli!2 ~!~.IM BE!'QEE APRib 12.£
j973--Eb]~!IQ]~
Any person who became a
member on or before April 25, 1973 and who
qualifies for a
retirement
allowance
shall, at time of retirement,
make an
irrevocable election to receive either the
retirement allowance by RCW 41.32.498 or
to receive a retirement allowance pursuant
to this section consisting of: (1)
An
annuity which shall be the
actuarial
equivalent of his accumulated contributions at his age of retirement,
{2)
A
basic
service pension of one hundr~d
dollars per annum, and
(3)
A service
pension which shall be equal to one onehundredth of his average earnable compensation for his two highest compensated
consecutive years of service times the
total years of creditable service established with the retirement system: PROVIDED, That no beneficiary now rece~v~ng
benefits or who receives benefits in the
future, except those beneficiaries receiving reduced benefits pursuant to
RCW
41.32.520 (1), options 2 and 3 provided in
RCW 41.32.530, or options 2 or 3 of BCW
41.32.498, shall receive a pension of less
than six dollars and fifty cents per month
for each year of creditable service established with the retirement system.
Pension benefits payable under the provisions
of this section shall be proratad on a
monthly basis and paid at the end of each
month: PROVIDED FURTHER, That notwithstanding the provisions of subsections (1)
through (3) of this section, the retirement allowance payable for service where a
member was elected or appointed to the
office of state senator, state representative or superintendent of public instruction shall be equal to three percent of
the average earnable compensation of his
two highest consecutive years of service,
whether or not elected or appointed service, for each year of such elected or
appointed service. However, the initial
retirement allowance of a member retiring
only under the provisions of this proviso
shall not exceed the average final compensation upon which the retirement allowance
is based.
In addition, the member shall
be allowed to have the pension provided by
this proviso adjusted and paid pursuant to
the optio~s provided in RCW 41.32.530, as
now or hereafter amended. (1973 1st ex.s.
c 189 § 2; 1970 ex.s. c 35 § 3; 1969 ex.s.
c 150 § 15; 1963 ex.s. c 14 § 16.]
,H_MBE~
~~~~~QilitY~1~lJ 1~1 ~~~~
not€ following RCW 41.32.190.
1973 RCW SUPP.
£ 189~
See
f~£!~ of ~~£tiQ~~ re!£Q£Ct1!~
following RCW 41.32.498.
41.32.498
B~TI~ME].I
See note
!b1Qli!M~]
E.N.IEB1]2 ~YS!]~ !I1]B !RB11
ll1J Q.B J] 1I!1.!! Qf !LLOW!]CE .!!]Q~B
,H]~~]B~
~1~1~~~2~
fQB
1~.£
B~~
Any person who becomes a
member subsequent to April 25, 1973 or who
has made the election, provided by RCW
41.32.497, to receive the benefit provided
by this section, shall receive a retirement allowance consisting of:
(1)
An annuity which shall be the actuarial equivalent of his additional contributions on full salary as provided by
chapter 274, Laws of 1955 and his lump sum
payment in excess of the required contribution rate made at date of retirement,
pursuant to RCW 41.32.350, if any; and
(2)
A combined pension and
annuity
service retirement allowance which shall
be equal to two percent of his average
earnable com~ensation for his two highest
compensated consecutive years of service
times the total years of creditable service established with the retirement system, to a maximum of sixty percent of such
average earnable compensation: PROVIDED,
That any member may irrevocably elect, at
time of retirement, to withdraw all or a
part of his accumulated contributions and
to receive, in lieu of the full retirement
allowance provided by this subsection, a
reduction in the standard two percent
allowance, of the actuarially determined
amount of monthly annuity which would have
been
purchased by said contributions:
PROVIDED FURTHER, That no member
may
withdraw an amount of accumulated contributions which would lower his retirement
allowance
below the minimum allowance
provided by RCW 41.32.497 as now
or
hereafter amended:
AND PROVIDED FURTHER,
That said reduced amount may be reduced
even
further pursuant to the options
provided in subsection (4) below;
(3)
Any member covered by this subsection who upon retirement has served ten or
more years shall receive a retirement
allowance of at least one thousand two
hundred dollars per annum; such member who
has served fifteen or more years shall
receive a retirement allowance of at least
one thousand eight hundred dollars per
annum;
and such membar who has served
twenty or more years shall receive a
retirement
allowance of at least two
thousand four hundred dollars per annum.
However, the initial retirement allowance
of a member retiring only under
the
provisions of this subsection shall not
exceed the average final compensation upon
which the retirement allowance is based.
The minimum benefits provided in this
subsection shall apply to all retired
members or to the surviving spouse of
deceased members who were elected to the
office of state senator or state representative.
Accumulated contributions for
elected or appointed service may only be
withdrawn if the member elects to waive
[ 343 ]
41.32.498
PUBLIC EMPLOYMENT
--------------------------------------------------------------------------------------the pension provided by this subsection.
In addition, the member shall be allowed
to have the pension provided by this
subsection adjusted and paid pursuant to
the options provided in subsection
(4)
below.
(4)
Upon an application for retirement
approved by the board of trustees every
member shall receive the maximum retirement allowance available to him throughout
life unless prior to the time the first
installment thereof becomes due he has
elected to receive the reduced amount
provided in subsection
(2)
and/or has
elected by executing the proper application therefor,
to receive the actuarial
equivalent of his retirement allowance in
reduced payments throughout his life, with
the options listed below:
Option 1.
If he dies before he has
received the present value of his accumulated contribu~ions at the time of his
retirement by virtue of the annuity portion of his retirement allowance, the
unpaid balance shall be paid to his estate
or
to such person as he shall have
nominated by written designation executed
and filed with the board of trustees.
Option 2.
Upon his death his adjusted
retirement allowance shall be continued
throughout the life of and paid to such
person as he shall have nominated by
written designation duly executed
and
filed with the board of trustees at the
time of his retirement.
Option 3.
Upon his death one-half of
his adjusted retirement allowance shall be
continued throughout the life of and paid
to such person as he shall have nominated
by written designation executed and filed
with the board of trustees at the time of
his retirement.
[1973 1st ex.s. c 189 §
3. ]
Rlits of sections as retroactive:
"Subsection -(3)--of--section---3--of this 1973
amendatory act and the equivalent language
contained in the last proviso in section 1
of this 1973 amendatory act, relating to
elected and appointed officials, shall be
retroactive to January 1, 1973." [1973 1st
ex.s. c 189 § 4.]
Reviser's note:
The reference to "subsection-(3) of section 3 11 appears to be
erroneous.
Section 13 of the original
bill (House Bill No.
419)
referred to
equivalent language in subsection (3) of
section 12 and the last proviso in section
4, amending RCW 41.32.497. The language
referred to in section 4 remains
in
section 2 of the final bill which amends
RCW 41.32.497, but was deleted by senate
committee amendment from section 3 (formerly section 12 of the original bill)
of
the engrossed substitute bill, codified
herein as RCW 41.32.498.
2~~g£ilitl=-197J
lg!
~~~ ~
189:
See
note following RCW 41.32.190.
cross Reference:
[ 344
Certain moneys payable during 1973-1975
bieLnium to be from interest earnings:
RCW 41.32.4982.
41.32.4982
£ERTAIN ,!10NEY,2 lli!~g .lliU!.:
ING 1973-1975 BIENNIUM TO BE FROn INTEREST
EARNING-2~----NotwrthStanding-any-other-prQ:
vision of this chapter,
moneys necessary
to pay the combined pension and annuity
service retirement allowanc~ provided for
in RCW 41.32.498 (2) shall be payable for
the 1973-1975 biennium from interest earnings
on the pension reserve fund as
provided for in RCW 41.32.030. (1973 1st
ex. s. c 18 9 § 10 • ]
sev~rabili:t.Y=nll 1.2! g.!.:..h ~ l~.h
note following RCW 41.32.190.
see
41.32.499
SERVIC~ RETIREMENT ALLOWANCE
ADJUSTMENTS ~!SE~ ON £QST-OP:LI!ING
TORS~-Ti)
"Index" for the purposes of
this section shall mean, for any calendar
year,
that year's annual average consumer
price index for urban wage earners and
clerical workers,
all items
(1957-1959
equal one hundred)--compiled by the Bureau
of Labor Statistics, United States Department of Labor;
11
(2)
Cost-of-living
factor" for the
purposes of this section for any year
shall mean the ratio of the index for the
previous year to the index for the year
preceding the initial date of payment of
the retirement allowance, except that, in
no event, shall the cost-of•living factor,
for any year subsequent to 1971, be
(a)
less than 1.000;
(b)
more than one hundred three percent
or less than ninety-seven percent of the
previous year's cost-of-living factor; or
(c)
such as to yield a retirement allowance, for any individual, less than
that which was in effect July 1, 1972;
(3)
The "initial date of payment" for
the purposes of adjusting the annuity
portion of a retirement allowance for the
purposes of this section shall mean the
date of retirement of a member.
(4)
The "initial date of payment" for
the purposes of adjusting the pension
portion of a retirement allowance for the
purposes of this section shall mean the
date of retirement of a member or July 1,
1972, whichever is later: PROVIDED, That
*this 1973 amendment to this subsection
shall be retroactive to July 1, 1973.
(5)
Each service retirement allowance
payable from July 1, 197 3, until any
subsequent adjustment pursuant to subsection (6) of this section shall be adjusted
so as to equal the product of the cost-ofliving factor for 1973 and the amount of
said retirement allowance on the initial
date of payment.
(6) Each service retirement allowance
payable from July 1st of any year after
1973 until any subsequent adjustment pursuant to this subsection shall be adjusted
so as to equal the product of the cost-of-
FAC=
]
TEACHERS' RETIREMENT
41.32.565
--------------------------------------------------------------------------------------living factor for such year and the amount
of said retirement allowance on the initial date of payment:
PROVIDED, That the
board finds, at its sole discretion, that
the cost of such adjustments shall have
been met by the excess of the growth in
the assets of the system over that required for meeting the actuarial liabilities of the system at that time.
[1973
2nd ex.s. c 32 § 1; 1973 1st ex.s. c 189 §
9. ]
*Reviser 1 s .!l21.§l "this 1973 amendment"
changed--the date in subsection (4) from
1972", as
"June 30, 1970" to "July 1,
appears above.
f
]~£ggncy==~~~~~!1iiY~121}
lli
ln£
~§~
See notes following RCW 41.32.310.
~.§Yg[gQi1iiY==121l
1§1
.§~§~
note following RCW 41.32.190.
£ 1891
See
41.32.520
PAYMENT ON DEATH BEFORE RETIREMENT.
Upon--receipt of-proper-proofs
o~;ath-cf any membe= before retirement
or before the first installment of his
retirement allowance shall become due his
accumulated
contributions and/or other
benefits payable upon his death shall be
paid to his estate or to such persons as
he shall have nominated by written designation duly executed and filed with the
board of trustees.
If a member fails to
file a new beneficiary designation subsequent to marriage, divorce,
or reestablishment
of
membership
following
termina~ion by withdrawal,
lapsation, or
retirement,
payment of his accumulated
contributions and/or other benefits upon
death before retirement shall be made to
the surviving spouse, if any;
otherwise,
to his estate.
If a member had established ten or more years of Washington
membership service credit, the beneficiary
or the surviving spouse if
otherwise
eligible may elect,
in lieu of a cash
refund of the member's accumulated contributions,
the following survivor benefit
plan:
(1)
A widow or widower, without a child
or children under eighteen years of age,
may elect a monthly payment of fifty
dollars to become effective at age fifty,
provided the member had fifteen or more
years of Washing~on
membership service
credit.
(2} The beneficiary, if the surviving
spouse or a dependent child or dependent
parent, may elect to receive a
retirement
allowance under Option 2 of RCW 41.32.530
until attainment of majority or so long as
the board judges that the circumstances
which created his dependent status continue to exist.
If at the time depe£dent
status ceases, an amount equal to the
amount of accumulated contributions of the
deceased member has not been paid to the
beneficiary, the remainder shall then be
paid in a lumf sum to the beneficiary:
1973 RCW SUPP.
[
PROVIDED, That if at the tiae of death,
the member was not then qualified for a
service retirement allowance, such Option
2 benefit shall be based upon the actuarial equivalent of the sum necessary to pay
the accrued regular retirement allowance
commencing when the deceased member would
have first qualified for a service retirement allowance.
If no qualified beneficiary survives a
member, at his death his
accumulated
contributions shall be paid to his estate,
or his dependents may qualify for survivor
benefits under benefit plan (2) in lieu of
a cash refund of the members accumulated
contributions
in the following
order:
Widow or widower, guardian of a dependent
child or children under age eighteen, or
dependent parent or parents.
Under survivors•
benefit plan
(1) the
board of trustees shall transfer ~o the
survivors•
benefit fund the accumulated
contributions of the deceased member together with an amount from the pension
fund determined by actuarial tables ~o be
sufficient to fully fund the liability.
Benefits shall be paid from the survivors•
benefit fund monthly and terminated at the
marriage of the beneficiary.
[1973 2nd
ex.s. c 32 § 4; 1973 1st ex.s. c 154 § 76;
1967 c 50§ 7; 1965 ex.s. c 81 § 6; 1957 c
183 § 3; 1955 c 274 § 25; 1947 c 80 § 52;
Rem. supp. 1947 § 4995-71.
Prior:
1941 c
97 § 6;
1939 c 86 § 6; 1937 c 221 § 7;
1923 c 187 § 22; 1917 c 163 § 21;
Rem.
supp. 1941 § 4995-7.]
f
]ID§~~Q£Y==~.§Y~s£ili1Y=-121l
lli
~~~ ~§~
See notes following RCW 41.32.310.
41.32.565
FUTURE BENEFITS AS CONTRACTUAL RIGHTS FO~ fER§QM~--RETIR!NQ-AFTER
APE!b l~~-1911~--Any member of the teachers•
retirement system who decides to
retire after April 25,
1973 shall be
entitled as a matter of contractual right
to receive any new or increased benefits
resulting from the enactment of legislation creating a new retirement system
through a merger of the public employees•
retirement system and the teachers•
retirement
sys~em
or
from
benefit
liberalizations of the teachers•
retirement system until June 30, 1974. [1973
1s~ ex.s. c 190 § 1. ]
Reviser's note:
Session law language
"the--effective-date of this act" has been
changed in RCW
41.32.565,
41.40.150 and
41.40.180 to read "April 25, 1973" as 1973
1st ex.s. c
190 contained an emergency
clause.
Note however that section 15 of
the 1973 act (see RCW 41.40.011] provided
that certain subsections in sections 2 and
13 of the 1973 act [see RCW 41.40.010 and
41.40.361]
did
not take effect until
January 1, 1974.
345 ]
41.32.565
PUBLIC EMPLOYMENT
--------------------------------------------------------------------------------------2&Y~£~Q~liiY=-121J
1§1
§~~ ~
note following RCi 41.40.010.
12Ql
See
41.32.580
]~TI~ED ,IEA£HE~ ~AY
~~~]TE]
2!2TEM-;::l!£ru;£11 llMI.I!TI.Qlli
A retired
teacher upon returnin~ to service in the
public schools of Washington may elect to
again become a member of the retirement
system:
PROVIDED, That if such a retired
teacher elects to be restored to membership he must establish two full years of
service credit before he will be eligible
to retire under the provision of a formula
other than the one in effect at the time
of
his previous retirement:
PROVIDED
FURTHER, That where any such right to
again retire is exercised to become effective before a member has established two
full years of service credit he may elect
to retire only under the provisions of the
formula in effect at the time of his
previous retirement:
AND PROVIDED FURTHER, That this section shall not apply tc
any individual who has returned to service
and
is presently in service on *the
effective date of this 1973 amendatory
act.
[ 1973 2nd ex.s. c 32 § 5; 1947 c 80
§ 58; Rem. supp. 1947 § 4995•77.]
*Reviser's note:
"the effective date of
this 1973-amendatory act", because of the
emergency clause footnoted to RCW 41.32.310,
is September 27, 1973, the date of
approval by the governor. Note retroactive
effect of amendment to RCW 41.32.499 (4).
tmg£g~~£Y==2gyg£sbili1!=-191l
£ }2:
1B£
§!~2~
See notes following RCW 41.32. 310.
chapter 41.33
TEACHERS' RETIREMENT--FEDERAL
SOCIAL SECURITY
41.33.020
I~Ms
!!£
gBQYI~E2
.QI
PLAN.
The terms and
frovisions of the
plan-are as follows:
(1)
Each political subdivision of the
state employing members of the teachers'
retirement system and the members of the
teachers•
retirement system,
after the
approval of this plan by the legislature,
and by the eligible employees through a
referendum as provided in RCW 41.48.030
(3)
and
(4) , shall be deemed to have
accepted and agreed to be bound by the
following terms and conditions in consideration of extension of the
existing
agreement between the secretary of health,
education and welfare and the governor to
make the protection of the federal old age
and survivors insurance program available
and applicable to such employees.
(2)
As used in this plan the terms
quoted
below shall have the meanings
assigned thereto in this section.
"Political subdivision" means any political subdivision,
or instrumentality of
one or more subdivisions, or proprietary
enterprise acquired, purchased or originated by one or more such subdivisions
after December, 1950, which employs members of the teachers• retirement system.
The state, its agencies, instrumentalities
and institutions of higher learning shall
be grouped and considered as a single
political subdivision.
"Employee" means any person who is a
member of the teachers' retirement sys~em
and
is
employed
by
a
political
subdivision.
"Wages" shall have the meaning given in
RCW 41.48.020
(1) and section 209 of the
social security act
(42 u.s.c.A. Sec,
4 09) •
"State" where not otherwise clearly indicated by the context, means the commissioner of employment security or other
officer designated by the governor to
administer the plan at the state level for
all participating politi~al subdivisions.
(3)
The terms and conditions of this
plan are intended and shall be construed
to be in conformity with the requirements
of the federal social security act as
amended and with the requirements
of
chapter 41.48 RCW,
and particularly RCW
41.48.050, as amended by chapter 4, Laws
of 1955 extraordinary session.
(4)
The rights and benefits accruing to
employees from membership in the teachers•
retirement system shall in no way be
altered or impaired by this plan or by the
additional and supplementary OASI coverage
which such employees may receive hereunder, other than the elimination of (1),
(2)
and
(3)
of section 52, chapter 80,
Laws of 1947 and RCW 41.32.520 as each are
amended,
with the exception of that part
of {1) which permits a
widow or widower
without a child or children under age
eighteen to receive a monthly payment of
fifty dollars at age fifty, provided that
the member had fifteen or more years of
Washington membership service credit at
date of death.
(5)
There shall be no additional cost
to or involvement of the state or a
political subdivision with respect to OASI
coverage of members of the
teachers'
retirement system until this plan has been
approved by the legislature.
(6)
Each employee to whom OASI covttage
is made applicable under this plan pursuant to an extension or modification under
RCW 41.48.030 of the existing agreement
between the secretary of health, education
and welfare and the governor shall be
required to pay into the OASI contribution
fund established by RCW 41.48.060 during
the period of such coverage contributions
with respect to his wages in an amount
equal to the employee tax imposed by the
federal insurance contributions act
(section 3101, Internal Revenue Code of 1954),
in consideration of the employee's retention in service by the political subdivision.
The subdivision shall withhold such
contributions from the wages paid to the
employee; and shall remit the contributions so withheld in each calendar quarter
[ 346 ]
TEACHERS' RETIREMENT--FEDERAL SOCIAL SECURITY
41.33.020
--------------------------------------------------------------------------------------to t~e state for deposit in the contribution fund not later than the twentieth
calendar day of the month following that
quarter.
(7)
Each political subdivision shall
pay into the contribution fund with respect to the wages of its employees during
the period of their OASI coverage pursuant
to this plan contributions in an amount
equal to the employer tax imposed by ~he
federal insurance contributions act
(section 3111, Internal Revenue Code of 1954) ,
from the fund of the subdivision from
which such employees' wages are paid. The
subdivision shall remit such contributions
to the state for deposit in the contribution fund on a quarterly basis, not later
than the twentieth calendar day of the
month following each calendar quarter.
(8)
If any political subdivision other
than that comprising the state, its agencies, instrumentalities and institutions
of higher learning fails to remit as
provided herein employer contributions or
employee contributions, or any part of
either, such delinquent contributions may
be recovered with interest at the rate of
six percent per annum by action in a court
of competent jurisdiction against
the
political subdivision; or such delinquent
contributions may at the request of the
governor
be deducted from any moneys
payable to such subdivision by the state.
(9)
Each political subdivision shall be
charged with a share of the cost of
administration of this plan by the state,
to be computed as that proportion of the
overall cost of administration which its
total annual contributions bear to the
total annual contributions paid by all
subdivisions on behalf of employees covered by the plan.
The state shall compute
the share of cost allocable to
each
subdivision
and
bill the subdivision
therefor at the end of each fiscal year.
The subdivision shall within ninety days
thereafter remit its share of the cost to
the state for deposit in the general fund
of the state.
(10)
Each political subdivision shall
submit to the state, through the employment security department, P. o. Box 367,
Olympia, Washington, or such other officer
or agency as the governor may subsequently
designate, on forms furnished by
the
state, not later than the twentieth calendar day of the month following the end of
each
calendar
quarter, the following
information:
A. The social security account number
of each employee;
B. the name of each employee;
c. the amount of wages subject to contributions as required hereunder paid to
each employee during the quarter;
D. the ~otal amount of wages subject to
contributions paid to all employees during
the quarter;
E. the total amount of employee contributions withheld and remitted for the
quarter; and
1973 RCW SUPP.
F.
the total amount of employer contributions paid by the subdivision for the
quarter.
(11)
Each political subdivision shall
furnish in the same manner as provided in
subsection
(10), upon reasonable notice,
such other and further reports or information as the governor may from time to time
require.
Each subdivision shall comply
with such requirements as the secretary of
health,
education and welfare or
the
governor may from time to time establish
with respect to any or all of the reports
or information which are or may be provided for under subsection
(1 0)
or this
subsection in order to assure the correctness and verification thereof.
(12)
The governing body of each political subdivision shall designate an officer
of the subdivision to administer such
accounting, reporting and other functions
as will be required for the effective
operation of this plan within the subdivision, as provided herein. The commissioner of empl~yment security or such other
officer as the governor may designate,
shall perform or supervise those functions
with respect to employees of the subdivision comprising the state, its agencies,
instrumentalities
and
institutions of
higher learning; and shall serve as the
representative of the participating political subdivisions in the administration of
this plan with the secretary of health,
education and welfare.
(13)
The legislature shall designate
the first day of any month beginning with
January,
1956, as the effective date of
OASI coverage for such employees, except
that after January 1, 1958, the effective
date may not be prior to the first day of
the current year.
The employer's contribution for any retroactive coverage shall be transferred by
the board of trustees from the teachers•
retirement pension reserve fund to the
official designated by the governor to
administer the plan at the state level.
Each employee's contributions for any
retroactive coverage shall be transferred
by the board of trustees from his accumulated contributions in the teachers• retirement fund, to the offic~al designated
above.
Each employee, if he so desires,
may, within one year from the dat~ of
transfer, reimburse his accumulated contributions for the amount so transferred.
(14)
The governor may terminate the
operation of this plan in its entirety
with respect to any political subdivision,
in his discretion, if he finds that the
subdivision has failed to comply substantially with any requirement or provision
of this plan.
The plan shall not be so
terminated until reasonable notice and
opportunity for hearing thereon have been
given to the subdivision under such conditions,
consistent with the provisior.s of
the social security act, as shall have
been established in regulations by the
governor. [1973 1st ex.s. c 154 § 77;
1957 c 183 § 2.]
[ 34 7 ]
41.33.020
PUBLIC EMPLOYMENT
--------------------------------------------------------------------------------------~~~~~111!~==]97] jst g~§~ £ ~~
note following RCW 2.12.030.
See
chapter 41. 40
WASHINGTON PUBLIC EMPLOYEES' RETIREMENT
SYSTEM
41.40.010
TERMS Q~FINED~
As used in
this chapter, unless a different meaning
is plainly required by the context:
(1)
"Retirement system" means the public employees• retirement system provided
for in this chapter.
(2)
"Retirement board" means the board
provided for in this chapter and chapter
41.26 RCW to administer said retirement
system.
11 State
(3)
treasurer" means the treasurer of the state of washington.
(4)
"Employer" means every branch, department, agency, commission, board, and
office of the state, any political subdivision or association of political subdivisions of the state admitted into the
retirement system, and legal
entities
authorized by RCW 36.70.060 and 35.63.070
or chapter 39.34 RCW as now or hereafter
amended;
and the term shall also include
any labor guild, association, or organization the membership of a local lodge or
division of which is comprised of at least
forty percent employees of an employer
(other than such labor guild, association,
or organization) within this chapter. The
term may also include any city of the
first class that has its own retirement
system.
(5)
"Member" mgans any employee included in the membership of the retirement
system, as provided for in RCW 41.40.120.
(6)
"Original member" of this retirement system means:
(a)
Any person who became a member of
the system prier to April 1, 1949;
(b)
Any person who becomes a member
through the admission of an employer into
the retirement system on and after April
1, 1949, and prior to April 1, 1951;
(c)
Any person who first becomes a
member by securing employment with an
employer prior to April 1, 1951, provided
he has rendered at least one or more years
of service to any employer prior
to
october 1, 1947;
(d)
Any person who first becomes a
member through the admission of an employer into the retirement system on or after
April 1, 1951, provided. such person has
been in the regular employ of the employer
for at least six months of the twelvemonth period preceding the said admission
date;
(e)
Any member who has restored all his
contributions that may have been withdrawn
by him as provided by RCW 41.40.150 and
who on the effective date of his retirement becomes entitled to be credited with
ten years or more of membership service
except that the provisions relating to the
[
minimum amount of retirement allowance for
the member upon retirement at age seventy
as found in RCW 41. 40. 190
(4)
shall not
apply to the member;
(f)
Any member who has been a contributor under the system for two or more years
and who has restored all his contributions
that may have been withdrawn by him as
provided by RCW 41.4C.150 and who on the
effective
date of his retirement has
rendered five or more years of service for
the state or any political subdivision
prior to the time of the admission of the
employer into the system; except that the
provisions relating to the minimum amount
of retirement allowance for the member
upon retirement at age seventy as found in
RCW 41.40.190
(4) shall r.ot apply to the
member.
(7)
"New member" means a person who
becomes a member on or after April 1,
1949, except as otherwise provided in this
section.
(8)
"Compensation ea:rrnable 11 means salaries or wages earned during a payroll
period for personal services and where the
compensation is not all paid in money
maintenance compensation shall be included
upon the basis of the schedules established by the member's employer: PROVID•
ED, That if a leave of absence is taken by
an individual for the purpose of serving
in the state legislature, the salary which
would have been received for the position
from which the leave of absence was taken,
shall be considered as compensation earnable if the employee's contribution is paid
by the employee and the employer's contri·
bution is paid by
the
employer
or
employee.
(9)
"Service" means periods of employment rendered to any employer for which
compensation is paid, and includes time
spent in office as an elected or appointed
official of an employer.
Full time work
for ten days or more or an equivalent
period of work in any given calendar month
shall constitute one month of service.
only months of service shall be counted in
the computation of any retirement allowance or other benefit provided for in this
chapter.
Years of service shall be determined by dividing the total number of
months of service by twelve.
Any fraction
of a year of service as so determined
shall be taken into account in the computation of such retirement allowance or
benefits.
Service by a state employee
officially assigned by the state on a
temporary basis to assist another public
agency, shall be considered as service as
a state employee: PROVIDED, That service
to any other public agency shall not be
considered service as a state employee if
such service has been used to establish
benefits in any other public retirement
system: PROVIDED FURTHER, That where an
individual is employed by two employers he
shall only receive a total of twelve
months of service cr~dit during any calendar year.
348 ]
WASHINGTON PUBLIC EMPLOYEES' RETIREMENT SYSTEM
41.40.011
--------------------------------------------------------------------------------------(10)
"Prior service 11 means all service
of an original member rendered to any
employer prior to october 1, 1947.
(11)
"Membership service" means:
(a)
All service rendered, as a member,
after October 1, 1947;
(b) All service after october 1,
1947,
to any employer prior to the time of its
admission into the retirement
system:
PROVIDED, That an amount equal to the
employer and employee contributions which
would have been paid to the retirement
system on account of such service shall
have been paid to the retirement system
with interest (as computed by the retirement board)
on the employee's portion
prior to retirement of such person, by the
employee or his employer, except as qualified by RCW 41.40.120;
(c)
service not to exceed six consecu~ive months of probationary
service rendered after April 1, 1949, and prior to
becoming a member, in the case of any
member, upon payment in full by such
member, prior to July 1, 1974 of the total
amount of the employer's contribution to
the retirement fund which would have been
required under the law in effect when such
probationary service was rendered if the
member had been a member during such
period.
(d)
Service not to exceed six consecutive months of probationary service, rendered after october 1, 1947, and before
April 1, 1949, and prior to becoming a
member, in the case of any member, upon
payment in full by such member prior to
July 1, 1974, of five percent of such
member's salary during said period of
probationary service.
(12)
"Beneficiary 11 means any person in
receipt of a retirement allowance, pension
or other benefit provided by this chapter.
(13)
HRegular interest" means such rate
as the retirement board may determine.
(14)
"Accumulated contributions" means
the sum of all contributions standing to
the credit of a member in his individual
account together with the regular interest
thereon.
(15)
"Average final compensation" means
the annual average of the greatest compensation earnable by a
member during any
consecutive two year period of service for
which service credit is allowed; or if he
has less than two years of service then
the annual average compensation earnable
during his total years of service for
which service credit is allowed.
(16)
"Final compensation" means the annual rate of compensation earnable by a
member at the time of termination of his
employment.
(17)
"Annuity" means payments for life
derived from accumulated contributions of
a member.
All annuities shall be paid in
monthly installments.
(18)
"Pension" means payments for life
derived from .contributions made by the
employer.
All pensions shall be paid in
monthly installments.
1973 RCW SUPP.
(19)
"Retirement allowance" means the
sum of the annuity and the pension.
(20)
"Employee" means any person who
may become eligible for membership under
this chapter,
as set
forth
in
RCW
41.40.120.
(21)
"Actuarial equivalent" means
a
benefit of equal value when computed upon
the basis of such mortality and other
tables as may be adopted by the retirement
board.
(22)
"Retirement" means withdrawal from
active service with a retirement allowance
as provided by this chapter.
(23)
"Eligible position" means:
(a)
Any position which normally requires five or more uninterrupted months
of
service a year for which regular
compensation is paid to the
occupant
thereof;
(b)
Any position occupied by an elected
official or person appointed directly by
the governor for which compensation is
paid.
(24)
"Ineligible position" means any
position which does not conform with the
requirements set forth in
subdivision
(2 3) •
(25)
"Leave of absence" means the period of time a member is authorized by the
employer to be absent from service without
being separa.ted from membership.
(26)
"Totally incapacitated for duty''
means
total inability to perform the
duties of a member's employment or office
or any other work for which the member is
qualified by training
or
experience.
[1973 1st ex.s. c 190 § 2; 1972 ex.s. c
151 § 1; 1971 ex.s. c 271 § 2; 1969 c
126
§ 1; 1969 c 155 § 1; 1963 c 225 § 1; 1963
c 174 § 1; 1961 c 291 § 1; 1957 c 231 § 1;
1955 c 277 § 1; 1953 c 200 § 1; 1951 c so
§ 1; 1949 c 240 § 1; 1947 c 274 § 1;
Rem.
Supp. 19.49 § 11072-1.]
~~gbili!.Y=.1EJ 1§.! .§.!.:..2.:. f. 12.Q..:.. II If
any provision of this 1973 act,
or its
application to any person or circumstance
is held invalid, the remainder of the act,
or the appliGatio"n of the provision to
other persons or circumstances is not
affected." ( 1973 1st ex.s. c 190 § 16.]
This applies to RCW 41.32.565, 41.40.010,
41.40.011,
41.40.030,
41.40.100,
41.40.120, 41.40.150, 41.40.170,
41.40.180,
41.40.185, 41.40.190,
41.40.193,
41.40.195, 41.40.330 and 41.40.361.
Efgctive ggte 2i
See RCW 41.40.011.
f..§£tain
£!!.!1~.§£.!1&!!21.
41.40.011
!EFECTI!~
Q!~~
OF CERTAIN
SUBSECTIONS.
The amendments cQitained in
subsections-,, (a) and (b) of section 2 of
this 1973 amendatory act and subsection 5
of section 13 of this 1973 amendatory act
shall take effect January 1, 1974. [1973
1st ex.s. c 190 § 15. J
.§gyggbil.i1.Y=J27 3 jst .§.!.:.2~ f. 12.Q.i.
note following RCW 41.40.010.
[ 349 ]
See
41.40.030
PUBLIC EMPLOYMENT
--------------------------------------------------------------------------------------41.40.030
REI1REM~]1
BObBQ==~LE~llQ]~
The retirement board shall consist
of eleven members, as fellows: The insurance commissioner,
the attorney general,
the state treasurer, the state auditor,
the members provided by RCW 41.26.050, and
three employee representatives who shall
have been members of the retirement system
for at least five years, and each of whom
shall be elected by members in their
classification of employment for a term of
three years:
PROVIDED, That the term of
office of any employee
representative
serving as a member of the retirement
board by appointment prior to March 21,
1961 shall con~inue until the expiration
of the period of time for which such
employee
representative was appointed,
except those board members provided by RCW
41.26.050.
The members of the system
shall be divided into three classifications of employment for purposes of board
representation as follows:
Classification
A shall consist of all employees of the
state government; classification B shall
consist of all employees of counties; and
classification C shall consist of all
members not included in classification A
or B. Each member shall have the right to
vote only for an employee representative
from his respective classification.
The first election will be held to elect
a representative from classification c
whose term shall begin July 1, 1961; the
second election will be held to elect a
representative from classification B whose
term shall begin July 1, 1962; the third
election will be held to elect a representative from classification A whose term
shall begin July 1, 1963.
Any employee desiring to become a candidate to represent employees in his classification may during the first two weeks of
April of the year in which the vacancy in
the classification occurs, file
with the
director
of the system a typewritten
statement that he desires to be a candidate for the board.
The letter supporting
his candidacy must be signed by at least
twenty active members of the retirement
system in his classification.
The election shall be conducted under the supervision of the retirement board pursuant to
such rules as the board shall prescribe,
but shall be so conducted that the voting
shall be secret and the ballots may be
returned by mail.
Ballots in order to be
counted shall be received by the director
not later than the second Monday in June.
The board shall thereupon proceed to count
the ballots and shall certify to the
secretary of state the candidate receiving
the highest number of votes.
The terms of all employee representatives shall commence on the first day of
July following their election.
[1973 1st
ex.s. c 190 § 3; 1971 ex.s. c 271 § 3;
1963 c 174 § 2; 1961 c 2~1 § 2; 1947 c 274
§ 3; Rem. Supp. 1947 § 11072-3.)
TERMS~
~~fiabili1L..._121J 1~~ .§.!.!..!h £
190..:,
See
note following RCW 41.40.010.
[
41.40.071
INVEST]~]I QI XQ]Q2==Q]E2211
CURRENT USE--VALIDATION. [1969 c 128
§-3: 1%5c, 55§8.)___ Repeal ea by 19 73
1st ex.s. c 103 § 17.
FOR
41.40.072
AUTHORIT! OVER
fQ]Q2=-IM:
VESTMENT.
The members of-the retirement
board-shall be the trustees of the several
funds created by this chapter and ~he
retirement board shall have full power to
invest or reinvest, or to authorize the
state finance committee to invest
or
reinvest, such funds in ~he manner prescribed by RCW 43.84.150. and not otherwise:
PROVIDED, That the board shall
authorize the state finance committee to
execute all transactions in connection
with the purchase, sale or exchange of any
investment that it has authorized pursuant
to its statutory a,uthority.
[ 1973 1st
ex. s. c 10 3 § 16 • )
_ag~gbili!.Y
1.211 1.21
.§t.hfu. f.
103.:. See
note following RCW 2.10.080.
41.40.100
SYSTEM fl!NDS ~REbi.f;Q.!. For
the purpose of the internal accounting
record of the retirement board and not the
segregation of moneys on deposit wi~h the
state treasurer there are hereby created
the employees• savings fund,
the benefit
account fund,
the income fund and such
other funds as may from time to time be
required.
(1)
The employees' savings fund shall
be the fund in which shall be accumulated
the contributions from the compensation of
members. The retirement board shall provide for the maintenance of an individual
account with each member of the retirement
system showing the amount of the member's
contributions together with interest accumulations thereon.
The contributions of a
member returned to him upon his withdrawal
from service, or paid in event of his
death,
as provided in this chapter, shall
be paid from the employees' savings fund.
Any accumulated contributions forfeited by
failure of a member,
or his estate, to
claim the same as provided for in this
chapter shall be transferred from the
employees• savings fund to the income
fund.
The accumulated contributions of a
member,
upon the commencement of his
retirement, shall be transferred from the
employees•
savings fund to the benefit
account fund.
(2)
The benefit account fund shall be
the fund in which shall be accumulated the
reserves for the payment of all retirement
allowances and death benefits, if any, in
respect of any beneficiary. The amounts
contributed by the employer to provide
pension benefits shall be credited to the
benefit account fund. The benefit account
fund shall be the fund from which shall be
paid all retirement allowances, or benefits in lieu thereof because of which
reserves have been transferred from the
employees•
savings fund to the benefit
350 )
WASHINGTON PUBLIC EMPLOYEES' RETIREMENr SYSTEM
41.40.120
--------------------------------------------------------------------------------------account fund.
At the time a recipient of
a retirement allowance again becomes a
member there shall be transferred from the
benefit account fund to the employees•
savings fund and credited to the individual account of such a member a sum that
shall be equal to the excess, if any, of
his individual account at the date of his
retirement over any service retirement
allowance received since that date.
(3) An income fund is hereby created
for the purpose of crediting interest on
the amounts in the various other funds
with
the exception of the retirement
system expense fund,
and to provide a
contingent
fund out of which special
requirements of any of the other funds may
be covered.
Transfers for such special
requirements shall be made only when the
amount in the income fund exceeds the
ordinary requirements of such fund as
evidenced by a resolution of the retirement board recorded in its minutes.
The
retirement board shall quarterly allow
interest to each of the funds enumerated
in
subdivisions
(1)
and (2)
of this
section, and the amount so allowed shall
be due and payable to said funds and shall
be quarterly credited on the previous
quarterly balance by the retirement board
and paid from the income fund.
All accumulated contributions standing
to the account of a terminated member and
unclaimed after the expiration of fifteen
years from the date of such termination
except as provided in RCW 41.40.150 (3)
and 41.40.170, shall thereafter become an
integral part of the income fund.
All
income, interest, and dividends derived
from the deposits and investments authorized by this chapter shall be paid into
the income fund with the exception of
interest derived from sums deposited in
the retirement system expense fund. The
retirement board is hereby authorized to
accept gifts and bequests. Any funds that
may come into the possession of
the
retirement system in such manner, or any
funds which may be transferred from the
employees• savings fund by reason of lack
of claimant, or because of a surplus in
any fund created by this chapter, or any
other moneys the disposition of which is
not otherwise provided for herein, shall
be credited tc the income fund.
The board shall have sole discretion to
determine the amount of interest to be
credited to the employees' savings fund
which will thereupon be credited as regular interest to the individual members•
accounts.
The board may
specifically
allocate not more than one percent per
annum of the investment earnings for the
purpose of making sufficient funds available to facilitate the adjustment
in
service retirement allowances provided by
RCW 41.40.195 as now or hereafter amended.
[ 1973 1st ex.s.
c 190 § 4; 1972 ex.s. c
151 § 2; 1967 c 127 § 2; 1963 c 174 § 7;
1953 c 200 § 4; 1949 c 240 § 6; 1947 c 274
§ 11; Rem. Supp. 1949 § 11072-11.]
1973 RCW SUPP.
[ 351
2f~~sDilii1~1273 1~i ~!~~~ £
note following RCW 41.40.01e.
1901
see
41.40.120
ME~~ERSHJR~
Membership in
the retirement system shall consist of all
regularly compensated employees and appointive and elective officials of employers as defined in this chapter who have
served at least six months without interruption or who are employed, appointed or
elected on or after July 1, 1965, with the
following exceptions:
(1)
Persons in ineligibl<: positions;
(2)
Employees of the legislature except
the officers thereof elected by the members of the senate and th~ house and
legislative committees, unless membership
of such employees be authorized by the
said committee;
(3)
Persons holding elective offices or
persons appointed directly by the governor:
PROVIDED, That such persons shall
have the option of applying for membership
and to be·accepted by the action of the
retirement board, such application for
those taking elective office for the first
time after May 21, 1971 shall be submitted
within eight years of the beginning of
their initial term of office: AND PROVIDED FURTHER, That any such persons previously denied service credit because of any
prior laws excluding membership which have
subsequently been repealed, shall nevertheless be allowed to recover or regain
such service credit denied or lost because
of the previous lack of authority:
AND
PROVIDED FURTHER, That any persons holding
elective offices or persons appointed by
the
governor who are members in the
retirement system and who have, prior to
becoming such members, previously held an
elective office, and did not at the start
of such initial or successive terms of
office exercise their option to become
members, may apply for membership and be
accepted by action of the
retirement
board, to be effective during such term or
terms of office, a~d shall be allowed to
recover
or regain the service credit
applicable to such term or terms of office
upon payment of the employee contributions
therefor by the employee and employer
contributions therefor by the employer or
employee: AND PROVIDED FURTHER, That any
person who was an elected official eligible to apply for membership pursuant to
this subsection, who failed to exercise
that option while holding such elected
office and who is now a member of the
retirement system, shall have the option
to recover service credit for such elected
service upon payment to the retirement
system of the employee and ~mployer contributions which would have been made had
the person been a member during the period
of such elective service;
(4)
Employees holding membership in, or
receiving pension benefits under,
any
retirement plan operated wholly or in part
by an agency of the state or political
subdivision thereof, or who are by reason
]
41.40.120
PUBLIC EMPLOYMENT
--------------------------------------------------------------------------------------of their current employment contributing
to or otherwise establishing the right to
receive benefits from any such retirement
plan:
PROVIDED,
HOWEVER, In any case
where the state employees•
retirement
system has in existence an agreement with
another retirement system in connection
with exchange of service credit or an
agreement whereby members can retain service credit in more than one system, such
an employee shall be allowed membership
rights should the agreement so provide:
AND PROVIDED FURTHER, That an employee
shall be allowed membership if otherwise
eligible while receiving survivor's benefits as secondary payee under the optional
retirement allowances as provided by RCW
41.40.190 or U1.40.185;
(5)
Patie~t and inmate
help in state
charitable,
penal
and
correctional
institutions;
(6)
"Members" of a state veterans• home
or state soldiers• home;
(7)
Persons employed by an institution
of higher learning or community college,
primarily as an incident to and in furtherance of their education or training,
or the education or training of a spouse;
(8)
Employees of an institution
of
higher learning or community college during the period of service necessary to
establish eligibility for membership in
the retirement plans operated by such
institutions;
(9)
Persons
rendering
professional
services to an employer on a fee, retainer
or contract basis or as an incident to the
private practice of a profession;
(10)
Persons appointed after April 1,
1963 by the liquor control board as agency
vendors.
(11)
Employees of a labor guild, association, or organization: PROVIDED,
That
elective officials and employees of a
labor guild, association, or organization
which qualifies as an employer within this
chapter shall have the option of applying
for membership and to be accepted by the
action of the retirement board.
(12)
Persons hired in eligible positions on a temporary basis for a period
not to exceed six months: PROVIDED, That
if such employees are employed for more
than six months in an eligible position
they shall become members of the system.
(13)
Persons employed by or appointed
or elected as an official of a first class
city that has its own retirement system:
PROVIDED, That any member elected
or
appointed to an elective office on or
after April 1, 1971 shall have the option
of
continuing his membership in this
system in lieu of becoming a member of the
city system.
A member who so elects to
maintain his membership shall make his
contributions and the city shall pay the
employer contributions at the rates prescribed by this chapter. The city shall
also transfer to this system all of such
member's accu~ulated contributions together with such further amounts as necessary
to equal all employea and employer contributions which would have been paid into
this system on account of such service
with the city and thereupon the member
shall be granted credit for all such
service.
Any city that becomes an employer as dafined in RCW 41.40.010 (4) as the
result of an individual's election under
the first proviso of this subsection shall
not be required to have all employees
covered for retirement under the provisions of this chapter. Nothing in this
subsection shall prohibit a city of the
first class with its own retirement system
from transferring all of its
current
employees to the retirement system established under this chapter.
(1973 1st
ex.s. c
190 § 5; 1971 ex.s. c 271 § 4;
1969 c 128 § 5; 1967 c 127 § 3; 1965 c 155
§ 2; 1963 c 225 § 2; 1963 c 210 § 1; 1957
c 231 § 2; 1955 c 277 § 2; 1953 c 200 § 5;
1951 c so § 2; 1949 c 240 § 7; 1947 c 274
§ 13; Rem. Supp. 1949 § 11072-13.]
Se!.§U.Qility 1973 1st ~ £
note following RCW 41.40.G10.
120:
See
41.40.150
TE~lliATIQN
Qf MEMBERSHIP.
should
any member die, or shoul~
separate or be separated from service
without leave of absence before attaiLing
age sixty years, or should he become a
beneficiary, except a beneficiary of an
optional retirement allowance as provided
by RCW 41.40.190, he shall thereupon cease
to be a member except;
(1)
As provided in RC'W ~1..40.170.
(2)
An employee who reenters service
shall upon completion of two years of
continuous service and upon the restoration of all withdrawn contributions with
interest as computed by the retirement
board, which restoration must be completed
within a total period of five years of
membership service following his first
resumption of employment, be returned to
the status, either as an original member
or new member which he held at time of
separation:
PROVIDED, That any member who
reentered service outside the ten-year
period formerly provided by this subsection, and by reason of the former language
of this section was not allowed to restore
withdrawn contributions, shall have two
years from April 25, 1973 to restore said
contributions:
AND PROVIDED FURTHER, That
any member who reentered service within
the ten-year period formerly provided by
this section,
and who failed to restore
withdrawn contributions within the three
or five years previously allowed, shall
now have two years from April 25, 1973 to
restore said contributions, with interest
as determined by the retirement board.
(3)
A member who separates or has separated after having completed at least five
years of service shall remain a member
during the period of his absence from
service for the exclusive purpose only of
receiving a retirement allowance to begin
at attainment of age sixty-five, however,
[ 352 ]
41.40.170
WASHINGTON PUBLIC EMPLOYEES' RETIREMENT SYSTEM
--------------------------------------------------------------------------------------such a member may upon thirty days written
notice to the board elect to receive a
reduced retirement allowance on or after
age sixty which allowance shall be th~
actuarial equivalent of the sum necessary
to pay regular retirement benefits as of
age sixty-five: PROVIDED, That if such
member should withdraw all or part of his
accumulated contributions, he shall thereupon cease to be a member and this section
shall not apply.
(4)
(a)
The recipient of a retirement
allowance who has not yet reached the
compulsory retirement age of seventy and
who shall be employed in an eligible
position
shall be considered to have
terminated his retirement s~atus and he
shall immediately become a member of the
retirement system with the status
of
membership he had as of the date of his
retirement. Retirement benefits shall be
suspended during the period of his eligible employment and he shall make contributions and receive membership credit. such
a member shall have the right to again
retire if eligible in accordance with RCW
41.40.180: PROVIDED, That where any such
right to retire is exercised to become
effective before the member has rendered
two uninterrupted years of service the
type of retirement allowance he had at the
time of his previous retirement shall be
reinstated, but no additional
service
credit shall be available;
(b) The recipient of a retirement allowance
who has not yet reached the
compulsory retirement age of
seventy,
following his election to office or appointment to office directly by the governor, and who shall apply for and be
accepted in membership as provided in RCW
41.40.120
(3) shall be considered to have
terminated his retirement status and he
shall become a member of the retirement
system with the status of membership he
had as of the date of his retirement.
Retirement benefits shall be suspended
from the date of his return to membership
until the date when he again retires and
he shall make contributions and receive
membership credit. Such a member shall
have the right to again retire if eligible
in accordance with RCW 41.40.180: PROVIDED, That where any such right to retire is
exercised to become effective before the
member
has rendered six uninterrupted
months of service the type of retirement
allowance he had at the time of his
previous retirement shall be reinstated,
but no additional service credit shall be
available: AND PROVIDED FURTHER, That if
such a recipieut of a retirement allowance
does not elect to apply for reentry into
membership as provided in RCW 41.40.120
(3) , or should he have reached the age of
seventy and be ineligible to apply as
provided in RCW 41.40.125, he shall be
considered
to remain in a retirement
status and his retirement benefits shall
continue without interruption.
(5)
Subject to the pr0visions of RCW
41.04.070, 41.04.080 and 41.04.100, any
1973 RCW SUPP.
( 353
member who leaves the employment of an
employer and enters the employ of a public
agency or agencies of the
state
of
washington, other than those within the
jurisdiction of the state employees• retirement system, and who establishes membership in a retirement system or
a
pension fund operated by such agency or
agencies and who shall continue his membership therein until attaining age sixty,
shall remain a member for the exclusive
purpose only of receiving a retirement
allowance without the limitation found in
RCW 41.40.180
(1) to begin on attainment
of age sixty-five, however, such a member
may upon thirty days written notice to the
retirement board elect to receive a reduced retirement allowance on or after age
sixty which allowance shall be the actuarial equivalent of the sum necessary to pay
regular retirement benefits commencing at
age sixty-five:
PROVIDED, That if such
member should withdraw all or part of his
accumulated contributions, he shall thereupon cease to be a member and this section
shall not apply. ( 1973 1st ex.s. c 190 §
6; 1969 c 128 § 6; 1967 c 127 § 4; 1965 c
155 § 3; 1963 c 174 § 8; 1955 c 277 § 3;
1953 c 20C § 7; 1951 c 50 § 3; 1949 c 240
§ 10;
1947 c 274 § 16; Rem. Supp. 1949 §
11072-16.]
§~Y~£~i1Y==J973
1§1
~~~
£ j90i
See
See note following
RCW
note following RCW 41.40.010.
~~vise£~ gQ1~~
41.32.565.
41.40.170
~REDIT FOR ~ILITARX §~~!l~~~
(1)
A member who has served or shall
serve on active federal service in the
military or naval forces of the United
States and who left or shall leave an
employer to enter such service shall be
deemed to be on military leave of absence
if he has resumed or shall resume employment as an employee within one year from
termination thereof.
(2)
If he has applied or shall apply
for reinstatement of employment, within
one year from termination of the military
service, and is refused employment for
reasons beyond his control, he shall, upon
resumption of service within ten years
have such service credited to him.
(3)
In
any event, after completing
twenty-five years of creditable service,
any member may have his service in the
armed forces credited to him as a member
whether or not he left the employ of an
employer to enter such armed service:
PROVIDED, That in no instance, described
in subsections ( 1) , (2), and (3)
of this
section, shall military service in excess
of five years be credited:
AND PROVIDED
FURTHER, That in each instance the member
must restore all withdrawn accumulated
contributions, which restoration must be
41.40.170
PUBLIC EMPLOYMENT
---------~--------------------------------------------------------------------------compl~ted
within five years of membership
service following his first resumption of
employment:
AND PROVIDED FURTHER,
That
this section will not apply to any individual, not a veteran within the meaning
of RCW 41.04.005,
as now or hereafter
amended:
AND PROVIDED FURTHER, That in no
instance,
d€scribed in subsections (1),
(2) and (3) of this section, shall military service be credited to any member who
is receiving full
military
retirement
benefits
pursuant to Title 10 United
states Code. (1973 1st ex.s. c 190 § 14;
1972 ex.s. c 151 § 3; 1969 c 128 § 7; 1967
c 127 § 8; 1963 c 174 § 10; 1953 c 200 §
9;
1949 c 240 § 12; 1947 c 274 § 18; Rem.
Supp. 1949 § 11072-18.]
.§.§.Ygability _1.27 3 1.2! g,L.-2.:. £
note following RCW 41.40.010.
lli.:.
See
41.40.180
RETIREMENT--OPTIONAL--COMPULSORY--LENGTH QI-SE~!ICE~-c1f---oll--and
after-~pril-1: 1949, any member with five
years of creditable service who has attained age sixty and any original member
who has attained age sixty may retire upon
his written application to the retirement
board, setting forth at what time,
not
less than thirty days, nor more than
ninety days subsequent to the execution
and filing thereof,
he desires to be
retired:
PROVIDED, That in the national
interest, during time of war engaged in by
the United states, the retirement board
may extend beyond age sixty, subject to
the provisions of subsection (2)
of this
section, the age at which any member may
be eligible tc retire.
(2)
on and after April 1, 1949, any
member who has attained age seventy shall
be retired forthwith on the first day of
the calendar month next succeeding that in
which the said member shall have attained
the age of seventy:
PROVIDED, That a
member who has attained the age of seventy
is possessed of special skill in the
performance
of particular duties,
the
retirement board shall continue such member in service for such period or periods
as may be applied for by the governing
body of the political subdivision where
the member is employed or the head of the
department,
agency, commission, board and
offices of the state:
PROVIDED FURTHER,
That any member holding elective office,
having a fixed term to which he has been
elected,
who has attained age seventy may
continue to serve as an elective official
and to receive retirement credit for such
service.
(3)
On and after April 1, 1953, any
member who has completed thirty years of
service may retire on his written application to the retirement board setting forth
at what time, no~ less than thirty days,
nor more than ninety days subsequent to
the
execution and filing thereof,
he
desires to he retired,
subject to war
measures.
(It)
on and after May 21, 1971 any
member who has completed twenty-five years
of service and attained age fifty~five may
retire on his written application to the
retirement board setting forth at which
time,
not less than thirty days, nor more
than ninety days subsequent to the execution and filing thereof, he desires to be
retired, subject to war measures.
{5)
Any individual who is eligible to
retire pursuant to subsections (1) through
(4)
of this section shall be allowed to
retire while on any authorized leave of
absence not in excess of one hundred and
twenty days.
(6)
The retirement board is authorized
to waive advance notice of retirement upon
good cause shown. [ 1973 1st ex.s. c 190 §
7; 1972 ex.s. c 151 § 4; 1971 ex.s. c 271
§ 7; 1967 c 127 § 5; 1963 c 174 § 11; 1955
c 277 § 4; 1953 c 200 § 10; 1951 c 81 § 1;
1949 c 240 § 13; 1947 c 274 § 19; Rem.
Supp. 1949 § 11072-19.]
gyi:I:slili ty==.1273 1st g~.!. £ 190;..
note following RCW 41.40.010.
41.40.185
BE~
REXI~Il!Q
OPXIOlf.~
RE!lREMElii
!l:.I!:B
see
!1LOWAN£~~=-M~~
£:EBRU!!i!
l2L llll==
Upon retirement from service, as
provided for in RCW 41.40.180 or 41.40.210, a member shall be eligible for a
service retirement allowance computed on
the basis of the law in effect at the time
of retirement,
together with such postretirement pension increases as may from
time to time be expressly authorized by
the legislature.
The service retirement
allowance payable to members retiring on
and after February 25, 1972 shall consist
of:
(1)
An annuity which shall be the actuarial equivalent of his additional contributions made pursuant to RCW 41.40.330
(2) •
(2)
A membership service pension, subject to the provisions of subsection (ll)
of this section, which shall be equal to
two percent of his average final compensation for each year or fraction of a year
of membership service.
(3)
A prior service pension which shall
be equal to one-seventieth of his average
final compensation for each year or fraction of a year of prior service not to
exceed thirty years credited to his service accounts.
In no event, except as
provided in this 1972 amendatory act,
shall any member receive a retirement
allowance pursuant to subsections (2) and
(3)
of this section of more than sixty
percent of his average final com~ensation:
PROVIDED, That no member shall receive a
pension under this section of less than
nine hundred dollars per annum if such
member has twelve or more years of service
credit, or less than one thousand and two
hundred dollars per annum if such member
has sixteen or more years of service
credit, or less than one thousand five
hundred and sixty dollars per annum if
[ 354 ]
41.40.190
WASHINGTON PUBLIC EMPLOYEES' RETIREMENT SYSTEM
--------------------------------------------------------------------------------------such member has twenty or more years of
service credit.
(4)
Notwiths~anding the
prov~s~ons
of
subsections
(1)
through (3) of this section, the retirement allowance payable for
service where a member was elected or
appointed pursuant to Articles II or III
of
the Constitution of the state of
washington or RCW 48.02.010 and the implementing
statutes shall be a combined
pension and annuity.
Said
retirement
allowance shall be equal to three percent
of the average final compensation for each
year of such service. Any member covered
by this subsection who upon retirement has
served ten or more years shall receive a
retirement allowance of at least
one
thousand two hundred dollars per annum;
such member who has served fifteen or more
years shall receive a retirement allowance
of at least one thousand eight hundred
dollars per annum; and such member who has
served twenty or more years shall receive
a retirement allowance of at least two
thousand four hundred dollars per annum:
PROVIDED,
That the initial retirement
allowance of a member retiring only under
the prov1s1ons of this subsection shall
not exceed the average final comfensation
upon which the retirement allowance is
based. The minimum benefits provided in
this subsection shall apply to all retired
members or to the surviving spouse of
deceased members who were elected to the
office
of
state
senator
or
state
representative.
(5)
Upon making application for a service retirement allowance under RCW 41.40.180, a member who is eligible therefor
shall make an election as to the manner in
which such service retirement shall be
paid from among the following designated
options, calculated so as to be actuarially equivalent to each other:
(a)
Standard Allowance. A member selecting this option shall receive a r-stirement
allowance,
which
shall
be
computed as provided in subsections (1),
(2) and (3) of this section. The retirement allowance shall be payable throughout
his lif-s. However, if he dies before the
total of the retirement allowance paid to
him equals the amount of his accumulated
contributions at the time of retirement,
then the balance shall be paid to such
person or persons having an insurable
interest in his life, as he shall have
nominated
by written designation duly
executed and filed with the retirement
board, or if there be no such designated
person or persons, still living at the
time of his death, then to his surviving
spouse, or if there be neither
such
designated person or persons still living
at the time of his death nor a surviving
spouse, then to his legal representative.
(b)
Option II.
A member who selects
this option shall receive a reduced retirement allowance which upon his death
shall be continued throughout the life of
and paid to such person, having an insurable interest in his life, as he shall
1973 RCW SUPP.
have nominated by written designation duly
executed and filed with the retirement
board at the time of his retirement.
(c)
Option III. A member who selects
this option shall receive a reduced retirement allowance and upon his death,
one-half of his reduced retirement allowance shall be continued throughout the
life of and paid to such person, having an
insurable interest in his life,
as he
shall have nominated by written designation duly executed and filed with the
retirement board at the time of
his
retirement.
[1973 1st ex.s. c 190 § 8;
1972 ex.s. c 151 § 5.]
~y~~bi!ity
1211 121
~~~
£ 12Q~
See
note following RCW 41.40.010.
41.40.190
~TIREMENI
ALLQ!!~1!
b!.ID! Qf ALl.tQ!!NC~ PROVIDED IN RCW 41.4C-
.J.§2=EL~.liill!=.Q.tl10NS.!.
In IIeu ofthe
retirement allowance provided in RCW 41.40.185, an individual employed on or
before April 25, 1973 may, after complying
with RCW 41.40.180 or 41.40.210, make an
irrevocable election to receive the retirement allowance provided by this section which shall consist of:
(1)
An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement;
and
(2)
A basic service pension of one
hundred dollars per annum; and
(3)
A membership service pension, subject to the provisions of subdivision (4)
of this section, which shall be equal to
one one-hundredth of his average final
compensation for each year or fraction of
a year of membership service credited to
his service account; and
(4)
A prior service pension which shall
be equal to one-seventieth of his average
final compensation for each year or fraction of a year of prior service not to
exceed thirty years credited to his service accounts.
In no event shall any
original member upon retirement at age
seventy with ten or more years of service
credit receive less than nine hundred
dollars per annum as a retirement allow~
ance, nor shall any member upon retirement
at any age receive a retirement allowance
of less than nine hundred dollars per
annum if such member has twelve or more
years of service credit, or less than one
thousand and two hundred dollars per annum
if such member has sixteen or more years
of
service credit, or less than one
thousand five hundred and sixty dollars
per annum if such member has twenty or
more years of service credit.
In the
event that the retirement allowance as to
such member provided by subdivisions
(1),
(2),
(3), and (4) hereof shall amount to
less than the aforesaid minimum retirement
allowance, the basic service pension of
the member shall be increased from one
hundred dollars to a sum sufficient to
[ 355 ]
41.40.190
PUBLIC EMPLOYMENT
--------------------------------------------------------------------------------------make a retirement allowance of the applicable minimum amount.
(5)
Notwithstanding the prov~s~ons of
subsections
(1)
through (~) of this section, the retirement allowance payable for
service where a member was elected or
appointed pursuant to Articles II or III
of
the Constitution of the state of
Washington or RCW 48.02.010 and the implementing
statutes shall be a combined
pension and annuity.
Said
retirement
allowance shall be equal to three percent
of the average final compensation for each
year of such service. Any member covered
by this subsection who upon retirement has
served ten or more years shall receive a
retirement allowance of at least
one
thousand two hundred dollars per annum;
such member who has served fifteen or more
years shall receive a retirement allowance
of at least one thousand eight hundred
dollars per annum; and such member who has
served twenty or more years shall receive
a retirement allowance of at least two
thousand four hundred dollars per annum:
PROVIDED,
That the initial retirement
allowance of a member retiring only under
the prov~s~ons of this subsection shall
not exceed the average final compensation
upon which the retirement allowance is
based. The minimum benefits provided in
this subsection shall apply to all retired
members or to the surviving spouse of
deceased members who were elected under
the prov~s~ons of Article II of
the
Washington state Constitution.
(6)
Upon making application for a service retirement allowance under RCW 41.40.180, a member who is eligible therefor
shall make an election as to the manner in
which such service retirement shall be
paid from among the following designated
options, calculated so as to be actuarially equivalent to each other:
Option IA. A member electing this option
shall receive a retirement allowance payable throughou~ his life only with termination at death, which shall be computed
as provided for in subsections (1) through
(4) or (5) of this section.
Option I.
If he dies before the total
of the annuity portions of the retirement
allowance paid to him equals the amount of
his accumulated contributions at the time
of retirement, then the balance shall be
paid to such person or persons having an
insurable interest in his life, as he
shall have nominated by written designation duly executed and filed with the
retirement board, or if there be no such
designated person or persons, still living
at the time of his death, then to his
surviving spouse, or if there be neither
such designated person or persons still
living at the time of his death nor a
surviving spouse, then to his legal representative; or
Option II.
Upon his death his reduced
retirement allowance shall be continued
throughout the life of and paid to such
person, having an insurable interest in
his life, as he shall have nominated by
written designation duly executed
and
filed with the retirement board at the
time of his retirement.
Unless payment
shall be made under RCW 41.40.270, option
II shall automatically be given effect as
if selected for the benefit of the surviving spouse upon the death in service, or
while on authorized leave of absence for a
period not to exceed one hundred and
twenty days from the date of payroll
separation, of any member who is qualified
for a service retirement allowance or has
completed ten years of service at the time
of death, except that if the member is not
then qualified for a service retirement
allowance, such option II benefit shall be
based upon the actuarial equivalent of the
sum necessary to pay the accrued regular
retirement allowance commencing when the
deceased member would have first qualified
for a service retirement allowance; or
Option III.
Upon his death, one-half of
his reduced retirement allowance shall be
continued throughout t~e life of and paid
to such person, having an insurable interest in his life, as he shall have nominated by written designation duly executed
and filed with the retirement board at the
time of his retirement. [1973 1st ex.s. c
190 § 9; 1972 ex.s. c 151 § 6; 1971 ex.s.
c 271 § 5; 1969 c 128 § 8; 1967 c 127 § 7;
1961 c 291 § 6; 1953 c 200 § 11; 1951 c 50
§ 5; 1949 c 240 § 14; 1947 c 274 § 20;
Rem. supp. 1949 § 11072-20.]
~§:~f:sbiliiY=.12ll
1.21
~.!.!..2.!- f
note following RCW 41.40.010.
Bgvi~r's
gQ1g..:.
1.2Q..:. see
See note following
RCW
41.32.565.
41.40.193
DATES UPON WHICH g~IIgEMEN!
!1&QWANCES !£CRUE: ~etirement allowances
paid to members eligible to retire under
the provisions of RCW 41.40.180, 41.40.200, 41.40.21C, 41.40.220,
41.40.230,
41.40.240 and 41.40.250 shall accrue from
the first day of the calendar
month
immediately following the calendar month
during which the member is separat~d from
service.
Retirement allowance paid to
members eligible to retire under any other
provisions of this 1972 amendatory act
shall accrue from the first day of a
calendar month but in no event earlier
than the first day of the calendar month
immediately following the calendar month
during which the member is separated from
service. [1973 1st ex.s. c 190 § 10; 1972
ex • s . c 15 1 § 7 • )
2gyg~Qi!iiY==121J
121.
g.!.!.~
note following RCW 41.40.010.
£
1.2Q~
See
41.40.195
AD~~! I!
PENSION PORTIQN Q! 2~g!rc~ RETIREMENT
PRI.QB PENSIO]~ (-1)-urndeXH--for the
purposes of this section, shall mean, for
any calendar year, that year's annual
average consumer price index for urban
[ 356 ]
AiiowANcE-Foi
WASHINGTON PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
41.40.361
---------------------------------~---------------------
with one employer for
the purpose of
accepting employment with another employer
or termination with one employer
and
reemployment with the same employer within
a period of thirty days shall not qualify
a member for a refund of his accumulated
contributions.
In addition, a member who
files an application for a refund of his
accumulated contributions and subsequently
becomes employed in an eligible position
before the expiration of thirty days or
before a refund payment has been made,
shall not be eligible for such refund
payment.
( 1973 2nd ex.s. c 14 § 2; 1947 c
274 § 29; Rem. Supp. 1947 § 11072-29.]
wage earners and clerical workers,
all
items
(1957-1959 equal one hundred)--compiled by the Bureau of Labor Statistics,
United States Department of Labor;
(2)
"Cost-of-living factor",
for any
year shall mean the ratio of the index for
the previous year to the index for t~e
year preceding the initial date of payment
of the retirement allowance, except that,
in no event, shall the cost-of-living
factor, for any year subsequent to 1971,
be
(a)
less than 1.000;
(b)
more than one hundred three percent
or less than ninety-seven percent of the
previous year's cost-of-living factor; or
(c)
such as to yield a retirement allowance, for any individual,
less than
that which was in effect July 1, 1971;
(3)
"Initial date of payment" shall
mean:
(a)
The date of retirement of a member,
or
(b)
In the case of beneficiary receiving an allowance pursuant to the automatic
application of option II pursuant to RCW
41.40.270 (2), the first day of the month
following the date of death;
(4)
Each service retirement allowance
payable
from July 1,
1973 until any
subsequent adjustment pursuant to subsection (5) of this section shall be adjusted
so as to equal the p~oduct of the cost-ofliving factor for 1973 and the amount of
said retirement allowance on the initial
date of payment.
(5)
Each service retirement allowance
payable from July 1st of any year after
1973 until any subsequent adjustment pursuant to this subsection shall be adjusted
so as to equal the product of the cost-ofliving factor for such year and the amount
of said retirement allowance on the initial date of payment:
PROVIDED, That the
board finds, at its sole discretion,
that
the cost of such adjustments shall have
been met by the excess of the growth in
the assets of the system over that required for meeting the actuarial liabilities of the system at that time.
(6)
The cost-of-living increases provided by this section shall be applicable
to those individuals receiving benefits
calcula~ed
pursuant to chapter 41.44 RCW
and paid by the public employees•
retirement system pursuant to RCW 41.40.407.
[1973 2nd ex.s. c 14 § 1; 1973 1st ex.s. c
190 § 11; 1971 ex.s. c 271 § 6; 1970 ex.s.
c68§1.]
~gygf£Qili1Y=-197} 1~1 ~~~
£ 190:
41.40.330
CONTRIBUTIONS.
(1)
Each
employee who is-a-member~the retirement
system shall contribute five percent of
his total compensation earnable:
PROVIDED,
HOWEVER,
That a
retirement system
expense fund contribution of two dollars
and fifty cents per annum shall be transferred in semiannual payments of
one
dollar and twenty-five cents from each
employee account balance in the employees•
savings fund to the retirement expense
fund account, as set forth in this section.
On and after July 1, 1973, each
employee who is a member of the retirement
system shall contribute six percent of his
total compensation earnable.
The officer
responsible for
making up the payroll
shall deduct from the compensation of each
member, on each and every payroll of such
member for each and every payroll period
subsequent to the date on which he became
a member of the retirement system the
contribution as provided by this section.
(2)
Any member may, pursuant to regulations formulated from time to time by the
board, provide for himself, by means of an
increased rate of contribution to his
account in the employees' savings fund, an
increased prospective retirement allowance
pursuant t~ RCW 41.40.190 and 41.40.185.
{3)
The officer responsible for making
up the payroll shall deduct from the
compensation of each member covered by the
provisions of RCW 41.40.190 (5) and 41.40.185 (4) on each and every payroll of such
member for each and every payroll period
subsequent to the date on which he thereafter becomes a member of the retirement
system,
an amount equal to seven and onehalf percent of such member's compensation
earnable.
[ 1973 1st ex.s. c 190 § 12;
1972 ex.s. c 151 § 13; 1971 ex.s. c 271 §
10; 1969 c 128 § 12; 1953 c 200 § 17; 1951
c 5C § 11; 1949 c 240 § 24; 1947 c
274 §
34; Rem. Supp. 1949 § 11072-34.]
See
note following RCW 41.40.010.
~~gbili1Y==1273 1st gh§.!. £ 190..;_
note following RCW 41.40.010.
41.40.280
BOARD MAI !I1[tlQ1~ R~fY!Q~
OF CONTRIBUTIONS.-- The retirement board
may-,--In--Its~Iscretion, withhold payment
of all or part of a member's contributions
for not more than six months after a
member has ceased to be an employee:
PROVIDED, That termination of employment
1973 RCW SUPP.
[
See
41.40.361
EMR1_0!~~~
£~!!~1]]TI~!~
(1)
For the purpose of this section, the
"fundable employer liability" at any date
shall be the present value of
357
J
41.40.361
PUBLIC EMPLOYMENT
--------------------------------------------------------------------------------------(a)
all future pension benefits payable
in respect of all members in the retirement system at that date, and
(b)
all future benefits in respect of
beneficiaries then receiving retirement
allowances or pensicns.
(2)
The contributions by the employer
for benefits under the retirement system
shall consist of the sum of a percentage
of the compensation of members to be known
as the "normal contribution", a percentage
of such compensation to be known as the
"unfunded liability contribution" and in
the case of employers admitted to the
retirement system after April 1, 1949, a
percentage of such compensation to be
known as the "additional contribution"The rates of such contributions shall be
determined by the retirement board on the
basis of assets and liabilities as shown
by actuarial valuation:
PROVIDED, That as
to state employers effective July 1, 1973
the total combined contributions of the
normal contribution and unfunded liability
contributioL shall not exceed a total
combined percentage rate of seven percent
for each employer unless authorized by the
legislature.
(3)
After the completion of each actuarial valuation subsequent to the first
actuarial valuation of June 30, 1953, the
retirement board shall determine the normal contribution rate and such contribution rate shall become effective in the
ensuing biennium. In addition the board
shall determine the additional employer
contribution rate necessary to fund the
benefits granted officials holding office
pursuant to Articles II and III of the
Constitution of the state of Washington
and RCW 48.02.010.
Said additional employer contribution rate shall be paid in
the same manner as the normal contribution
and the unfunded liability contribution.
Until the unfunded liability contribution
shall have been discontinued, such normal
contribution rate shall be computed to be
sufficient,
when applied to the present
value of the future compensation of the
average new member ent&ring the system, to
provide for the payment of all prospective
pension benefits in respect of such member. After the unfunded liability contributions
have
been discontinued,
such
normal contribution rate shall be determined as the uniform and constant percentage of the prospective compensation of all
members of the retirement system at the
date of such valuation which is equivalent
to the excess of the fundable employer
liability over the amount of funds currently standing to the credit of the
benefit account fund.
(4)
After the completion of each actuarial valuation subsequent to the first
actuarial valuation of June 30, 1953, the
retirement board shall determine the unfunded liability contribution, and such
rate shall become effective in the ensuing
biennium. The unfunded liability contribution rate shall not be less than the
uniform and constant percentage of the
( 358
prospective compensation of all members of
the retirement system for the forty-year
period following the date of such valuation which is equivalent to the unfunded
liability. The unfunded liability shall
be determined at such date as the excess
of the fundable employer liability over
the sum of the present value of the future
normal contributions payable in respect of
all members in the retirement system at
that date, and the amount of all funds
currently standing to the credit of the
benefit account fund. The unfunded liability contributions shall continue until
there remains no unfunded liabili~y.
(5)
Any employer admitted to the retirement system after April 1, 1949, shall
make an additional contribution until such
time as the sum of. such additional contributions equals the amount of contributions
which such employer and employee would
have been required ta contribute between
April 1, 1949, and the date of such
employer's admission to the retirement
system:
PROVIDED, That either the employee or employer may make the contributions
the employee would have made during the
same period of time:
PROVIDED FURTHER,
That all additional contributions hereunder
and under the prov~s~ons of RCW
41. 40. 160 (2)
must be completed within
fifteen years from the date of the employer's admission. Employee contributions for
these periods must be made before the
member will receive credit for
those
periods
of service,
pursuant to such
regulations as the retirement board may
adopt.
(6)
For the biennium beginning July 1,
1971, and ending June 30, 1973, only, and
notwithstanding any other provision of the
chapter, the rate determined by the board
for state employer contributions shall be
only the percentage of compensation for
members equal to the "normal contribution"
computed to be four and thirty-six onehundredths percent of compensation. [1973
1st ex.s. c 190 § 13; 1972 ex.s. c 151 §
14; 1971 ex.s. c 271 § 11; 1963 c 114 §
15;
1961 c
291 § 11;
1957 c 231 § 4.
Prior:
1953 c 200 § 18; 1951 c 50 § 12;
1949 c 240 § 25; 1947 c 274 § 37; Rem.
Supp. 1949 § 11072-37.]
Se~gbi!ll.Y=.ll73
1.21
~h§.:.. £ j90..i.
See
note following RCW 41.40.010.
41.40.450
CLASSIFIED EMPLOYEES--SCH001
DI .a.IBI CT S-£Q.t!.R.!lfATI ON-- PROV Is .IQ.!!§~-- Not-
withstanding any other law, or rule or
regulation of the retirement board, contributions to the retirement system relating to any classified employee of a school
district actually employed by the district
on a continuous nine month basis shall be
pro-rated on a twelve month basis and
counted in the computation of any retirement allowance or other benefits provided
1
WASHINGTON PUBLIC EMPLOYEES' RETIREMENT SYSTEM
41.40.501
-----------------~--------------------------------------------------------------------
for in this chapter as for twelve
of service.
[1973 c 23 § 1.]
41.40.500
li~g
CLAS=
For the
purposes of RCW 41.40.500 through 41.40.508,
unless
a different
meaning is
plainly required by context:
(1)
"Classified employees" shall mean
all employees of Washington State University:
PROVIDED,
That the following employees
shall
not
be
included
as
classified employees for the purposes of
RCW 41.40.500 through 41.40.508:
The
president of the university; employees of
washington State University in the resident instructional staff, consisting of
the vice president--academic,
the registrar, deans and directors of teaching
units, chairmen of teaching departments,
and all members of the faculty who hold
academic rank and who conduct courses of
instruction; the research staff consisting
of the administrative officers and professional personnel of the organized research
units and other professional personnel
engaged in research who are paid at least
in part by the university;
the library
staff consisting of the director of libraries and professional personnel of the
library; the extension staff consisting of
the administrative officers and professional personnel whose work pertains primarily to extension services and faculty
members in responsible charge of instruction and demonstration work for persons
who are not officially enrolled on the
campus; the student affairs staff consisting of the administrative officers and
professional personnel concerned with student affairs; the intercollegiate athletic
staff consisting of the administrative
officers and coaching personnel; persons
employed in a position scheduled for less
than twenty hours per week or on an
intermittent employment schedule; and persons employed in a position primarily as
an incident to and furtherance
of their
education and training, or the education
or training of a spouse.
(2)
The "Retirement Plan" shall mean
the washington State University retirement
system established by the board of regents
pursuant to authority heretofore conferred
by
law for the purpose of providing
retirement income and related benefits to
certain
employees
through
private
insurers.
(3)
"Board" shall mean the retirement
board as provided for in RCW 41.40.020, as
now or hereafter amended.
(4)
"Employer share" shall mean onehalf or fifty percent of the total of any
employee's accumulation and/or cash value
in the contract(s) attributable to contributions made in accordance with the Retirement Plan.
(5)
"Applicable income" shall mean that
income provided by law and regulations had
the person beer. a member of the washington
public emFloyees' retirement system during
~IF]]~
QPTIONA1 ENTRY Qf
months
~MP~Q!~~~==~flNI!ION~
1973 RCW SUPP.
[
each month of Washington State University
service and shall include that income
earned during the initial six months of
washington State University service irrespective of any provisions of law or
regulations promulgated thereunder to the
contrary.
(6)
"Contributory
membership"
shall
mean that period of time during which an
employee was making contributions under
the Retirement Plan for purposes of being
eligible for a retirement entitlement.
[ 1973 1st ex.s. c 168 § 1.]
!.Etl.QE r i .£1i2.!!=:::1.211 1.21 ll.:.§..:. £ 16 8.:.
"There
is
hereby
appropriated
to
washington State University from the general fund for the biennium ending June 30,
1975, four hundred fifteen thousand dollars or so much thereof as may be necessary,
as the employer's share of the
retirement plan contribution costs associated and incident to those members of the
retirement plan electing to transfer to
the Washington public employees'
retirement system as provided for in sections 1
through 9 of this 1973 act.
Washington
state University shall transfer this appropriation or so much thereof as
may be
necessary,
to the Washington public employees' retirement system on or
before
January 30, 1974.
Should this appropriation be insufficient Washington
State
University shall request in its 1975-77
budget request an amount sufficient to
fully
r~imburse
the Washington public
employees' retirement system for any costs
associated and incident to those members
of the retirement plan electing to ~rans­
fer to the Washington public employees•
retirement system as provided for
in
sections 1 through 9 of this 1973 act.
The retirement plan for the purposes of
this
section shall be as defined in
section 1, subsection
(2)
of this 1973
act." [1973 1st ex.s. c 168 § 10.]
~everability=121J 121 §!~.:.§..:. £ l§.§.l. "If
any provision of this 1973 act,
or its
application to any persor. or circumstance
is held invalid, the remainder of the act,
or the application of the provision to
other persons or circumstances is not
affected." [ 1973 1st ex. s. c 168 § 12.]
The above annotations apply to RCW 41.40.500 through 41.40.508.
41.40.501
OPTIONAL ~NTRY Qf li.§.!! CL,!~
Slfl£;]
]11.£!&llES=TRANSF]£\ AUTH.Qli£ZEQ==
WHEN 11ID!ill~!i1f MAND!IQR.L_
( 1)
On and
after April 24, 1973 and until January 1,
1974, classified employees at Washington
State university presently members of the
Retirement Plan may irrevocably transfer
membership therein to the Washington public employees'
retirement system,
such
transfer being subject to such conditions
and limitations as hereinafter set forth
in RCW 41.40.502 through 41.40.508, including rules and regulations promulgated
to effect the purposes of RCW 41.40.500
359 ]
41.40.501
PUBLIC EMPLOYMENT
-----------------------------~--------------------------------------------------------
throYgh 41.40.508:
PROVIDED, That such
irrevocable transfers of membership shall
be made at the following stated intervals:
June 1, 1973, October 1, 1973, or January
1, 1974.
(2)
All classified employees employed
by Washington State university on and
after April 24, 1973 and otherwise eligible shall become members of the Washington
public employees' retirement system to the
exclusion of any other retirement benefit
system at such institution unless otherwise hereafter provided by law.
[1973 1st
ex.s. c 168 § 2.)
AEE£2£~iatio~~~g~~biJi!Y==1273
~~~
£
1§8:
See
notes
following
prior to January l, 1978, an amount equal
to the deficien~y, if any, between the
employee computed share and the employee
accumulation
or
cash
value
in the
contract(s) required to be transferred as
provided for in RCW 41.40.502.
(2)
As specifically provided for by
appropriation and subject to the limitations of section 10, chapter 168, Laws of
1973
1st ex. sess., Washington State
University shall pay to the Washington
public employees' retirement system an
amount equal to the deficiency, if any,
between the employer computed share and
the employer accumulation or cash value in
the contract(s) required to be transferred
as provided for in RCW 41.40.502.
[1973
1st ex.s. c 168 § 4.)
1£1
RCW
41.40.500.
!£E.£~.£.~,&!.i o n-::~~.~UJ!il it Y
£
12!
new
~~
in RCW 41.40.500 through 41.40.508,
upon
election by a person to transfer his
membership to the Washington public employees• retirement system, as authorized
in RCW 41.40.501
(1), there shall be
transferred from the contract(s) issued
under
the
Retirement
Plan
to
the
washington public employees' retirement
system the amount which would have been
paid at the rates and on the applicable
income (as defined RCW 41.40.500
(5)) as
provided by law and regulations promulgated pursuant thereto had the person been a
member of the washington public employees'
retirement system during each month of
service at Washington state University:
PROVIDED, That any person so transferring
may elect to eliminate from the membership
service credit to be transferred
the
period of service at Washington State
University prior to his contributory membership in the Retirement Plan.
(2)
The board shall compute separately
the employee and employer amoun~s that
would have been paid from the date of
membership service credit to be transferred to the Washington public employees•
retirement system.
The employee share
shall be transferred from the accumulation
and/or
cash value in the contract(s)
attributable to employee
contributions
made in accordance with the Retirement
Plan. The employer share shall be transferred from the accumulation and/or cash
value in the contract(s)
attributable to
washington State University contributions
made in accordance with the Retirement
Plan. [ 1973 1st ex.s. c 168 § 3. 1
Reviser•s note:
section 10,
chapter
16B-,--La;g- of--1973 1st ex. sess., an
appropriation section, is footnoted to RCW
41.40.500.
AE££QE£iation--seve~ability==1273
See
notes
following
notes
following
41.40r504
OPTIONAL ENTRY OF WSU CLASSIFIED EMPLOYEES==RETENTION OF RIGHTS~ND
BEllfiTs uNii'Eli B.£;TIREMEN! PLii.--Nothiii9
in BCW 41.40.500 through 41.40.508 shall
prevent
any
classified
employee
at
Washington State University presently a
member within the Retirement Plan from
electing to JO~n the washington public
employees• retirement system if otherwise
eligible not later than January 1, 1974
and from electing to retain his rights and
benefits under the Retirement Plan, such
person's rights under the washington public employees• retirement system to begin
to accrue from such date of membership
transfer. [1973 1st ex.s. c 168 § 5.)
A££ropriation--severs£ility--19ll
£ 168;
See notes following
41.40.500.
~~
12!
RCW
41.40.505
OPTIONAL ENTRY OF WSU CLASSI.llM EMPbQ!EES VOLUNTAR! RELINQQIS.ill.t£;1il
OF RIGHTS TO EMPLOYER CONTRIBUTIONS TRANSFEB.~ED~ -in¥---ciassi£iea---~pioye~t
Washington State University electing to
transfer
membership to the washington
public employees' retirement system from
the Retirement Plan and seeking to transfer employee contributions made to the
Retirement Plan shall be deemed to have
voluntarily relinquished any right to any
refund of the amounts transferred to the
Washington public employees• retirement
system as an employer contribution in
accordance with RCW 41.40.502 except as
otherwise provided by chapter 41.40 RCW.
(1973 1st ex.s. c 168 § 6.]
1§1
RCW
41.40.503
QfiiOli!~ ~XR! OF !SU
~~=
S!F!ED
EMPLOYEES--DEFICIENCY
PAYMENTS.
(1)--!ny person-€leeting-to--transter- his
membership to the washington public employees'
retirement system shall
pay,
(
See
41.40.500.
I~RRE~~ -~-Except-as-otherwise-provided
ex.s. £ 1681
41.40.500.
~~
1211
41.40.502
QfiiOli!~
~li!RI Qt RSU ~LA~=
S!FIED EMPLOYEES--AMOUNTS TO BE TRANS-
360
]
STATE-WIDE CITY EMPLOYEES' RETIREMENT
41.44.170
--------------------------------------------------------------------------------------41.40.506
OPTIQ]!1 ~I£1 Q! !~Q £1!~=
SIFIED EMPLOYEES--EMPLOYEE ~li~li~ lil§HT~
MPO] -I~~~IN~TION--lRQ~--SYSI~~ g]JQ~ IQ
~~TH~
Any
classified
employee
at
Washington State University electing to
transfer to the washington public employees' retirement system from the Retirement
Plan and transferring his employee share
in the Retirement Plan shall be entitled
to a refund of his employee share of the
total contributions made in his behalf as
determined by the board upon termination
from the system prior to his death. [1973
1st e x • s • c 16 8 § 7 . )
~£££2£~iatiQQ==Sev~~~bili!Y==1273
~~~~
£
j£8:
41.40.500.
See
notes
1§!
following
RCW
41.40.507
Qf!IO]!b ENIRY OF !SU CLAS=
SIFTED EMPLOYF.ES--RULES AND REGULATIONS.
subject to-chapt~r-34:04 Rcw; th~-adminis=
trative procedure act, the board shall
make rules and regulations necessary to
carry out the purposes of RCW 41.40.500
~hrough 41.40.508.
(1973 1st ex.s. c 168
§ 8. ]
ill.£2Nis.ii2!l=~gve£S.bili1Y==ll:U
~~~
£
1~~
See
notes
1§.!.
following
RCW
41.40.500.
QI
OP!IQ]!1 ~IRY
EMf1QYE~S--Q~f1CIEN~X
REDUCTIQ] 1] !1~l1REM~]I
41.40.508
~IFl~D
CL!~=
PAX~NT~
!SU
lHRill!Ql!
!LLOW!]Q.:.
Notwithstanding any other provision of RCW
41.40.50C through 41.40.508, any person
transferring membership to the Washington
public employees• retirement system as
authorized in RC~ 41.40.501 through 41.40.508 and who retires on or before January
1, 1978 may elect to make the payments
required in RCW 41.40.503 by a reduction
in his or her retirement allowance at such
stated intervals as the board shall determine:
PROVIDED, That should any such
person die before the total of
such
payments as required in RCW 41.40.503 have
been made, such person having exercised
option I, II or III under RCW 41.40.185 or
41.40.190, such payments shall be deducted
at
the stated intervals from amounts
otherwise owing any beneficiary until such
time as they become paid in full.
[1973
1 st e .x. s. c 1 6 8 § 9 • J
!££.r2£I. i
~~§.:.
a:ti.21l==~~.Y§£~ bi lit Y==12:U
£ 1§~~
41.40.500.
See
notes
1§.!.
following RCW
Chapter 41.44
STATE-WIDE CITY EMPLOYEES' RETIREMENT
h~QWAN£~
QN BETifiEME!! XQB
on retirement for permanent
and total disability not incurred in line
of duty a member shall receive a retirement allowance which shall consist of:
41.44.170
DISABI1IIX~
1973 RCW SUPP.
[ 361
(1)
An annuity which shall be the actuarial equivalent of his accumulated normal
contributions; and
(2) A pension provided by the contributions of the city which, together with his
annuity provided by his accumulated normal
contributions, shall make his retirement
allowance equal to thirty percent of his
final compensation for the first ten years
of
service, which allowance shall be
increased by one and one-half percent for
each year of service in excess of ten
years to a maximum of fifty percent of his
final compensation; otherwise he shall
receive a retirement allowance of forty
dollars per month or, except as to a part
time employee, such sum, monthly,
not in
excess of sixty dollars per month, as is
equal to six dollars per month for each
year of his creditable service, whichever
is greater. If the retirement allowance
of a part time employee, based upon the
pension hereinabove provided, does not
exceed forty dollars per month, then such
part time employee shall receive a retirement allowance of forty dollars per month
and no more.
Nothing herein contained shall be construed in a manner to increase or to
decrease any pension being paid or to be
paid to a membe_r retired prior to August
6, 1965.
(3)
If it appears to the satisfaction
of the board that permanent and total
disability was incurred in line of duty, a
member
shall receive in lieu of the
retirement allowance provided under subdiVl.Sl.ons {1)
and (2) of this section full
pay from, and be furnished all hospital
and medical care by, the city for a period
of six months from the date of
his
disability, and commencing at the expiration of s~ch six month period, shall
receive a retirement allowance, regardless
of his age or years of service, equal to
fifty percent of his final compensation
exclusive of any other benefit he may
receive.
(4)
No disability retirement allowance
shall exceed seventy-five percent of final
compensation, anything herein to the contrary notwithstanding, except as provided
in subdivision {7) of this section.
(5)
Upon the death of a member while in
receipt of a disability retirement allowance, his accumulated contributions, as
they were at the date of his retirement,
less any annuity payments made to him,
shall be paid to his estate, or to such
persons having an insurable interest in
his life as he shall have nominated by
written
designation duly executed and
filed with the board. In the alternative,
if there be a surviving spouse, or if no
surviving spouse, there are surviving a
child or children under the age of eighteen years,
upon written notice to the
board by such spouse, or if there be no
such spouse, by the duly appointed, qualified and acting guardian of such child or
children, within sixty days of the date of
such member's death, there shall be paid
41.44.170
PUBLIC EMPLOYftENT
------------------------------------------to such spouse during his or her lifetime,
or, if there be no such spouse, to such
child or children, until they shall reach
the age of eighteen years, a monthly
pension equal to one-half of the monthly
final compensation of such deceased member. If any such spouse or child or
children shall marry, then such person so
marrying shall thereafter receive no further pension herein provided.
(6)
If disability is due to intemperance, wilful misconduct, or violation of
law, on the part of the member, the board,
in its discretion, may pay to said member,
in one lump sum his accumulated contribution,
in lieu of a retirement allowance,
and such payment shall constitute full
satisfaction of all obligations of the
city to such member.
(7)
In addition to the annuity and
pension provided for in subdivisions
(1)
and
(2)
of this section, a member shall
receive an annuity which shall be the
actuarial equivalent of his accumulated
additional contributions. [1973 1st ex.s.
c
154 § 78; 1965 ex.s. c 99 § 7; 1961 c
227 § 7; 1957 c 158 § 5; 1953 c 228 § 7;
1951 c 275 § 13; 1947 c 71 § 17; Rem.
Supp. 1947 § 9592-146.)
§u~rabj.J.H.Y~2U
.121
~ £
note following RCW 2.12.030.
ill.:.
See
41.44.210
BENEFII Q] ~~TH !! 1!!] QX
Upon the death of any member who
dies from injuries or disease arising out
of or incurred in the performance of his
duty or duties, of which the board of
trustees shall be the judge, if death
occurs within one year from date
of
discontinuance of city service caused by
such injury, there shall be paid to his
estate or to such person or persons having
an insurable interest in his life, as he
shall have nominated by written designation duly executed and filed with the
board, the sum of one thousand dollars,
purchased by the contributions of the
cities participating in the retirement
system;
and in addition thereto there
shall be paid to the surv~v~ng spouse
during such spouse's lifetime, or if there
be no surviving spouse, then to his minor
child or children until they shall have
reached the age of eighteen years, a
monthly pension equal to one-half the
monthly final compensation of such deceased member. If any such spouse, or
child or children shall marry, then such
person so marrying shall thereafter rece~ve
no further pension herein provided.
Cost of the lump sum benefit above provided shall be determined by actuarial calculation and frorated equitably to each
city.
The benefits provided in this
section shall be exclusive of any other
benefits due the member under this chapter. [ 1973 1st ex.s. c 154 § 79;
1961 c
227 § 10; 1957 c 158 § 6; 1947 c 71 § 21;
Rem. Supp. 1947 § 9592-150.)
QQ!l~
.§~EUbili_iy 1973 l£.i .§.!.!...§.:.. £ l~~!..t.
note following RCW 2.12.03C.
s~~
Chapter 41.48
FEDERAL SOCIAL SECURITY FOR
PUBLIC EMPLOYEES
41.48.060
OASI CONTRIBUTION FUND. (1)
There is hereby-establishe~a-speciai fund
in the state treasury to be Known as the
OASI contribution fund.
All
interest
earnings presently in and all interest
earnings accruing to this fund in accordance with RCW 39.58.120 shall be deposited in the state's general fund. such fund
shall
consist of and there shall be
deposited in such fund:
(a) All contributions and penalties collected under RCW
41.48.040 and 41.48.050;
(b) all moneys
appropriated thereto under this chapter;
(c) any property or securities belonging
to the fund;
and (d) all sums recovered
upon the bond of the custodian or otherwise for losses sustained by the fund and
all other moneys received ftir the fund
from any other source. All moneys in the
fund shall be mingled and
undivided.
Subject to the provisions of this chapter,
the governor is vested with full power,
authority and jurisdiction over the fund,
including all moneys and property
or
securities
belonging thereto, and may
perform any and all acts whether or not
specifically designated, which are necessary to the administration thereof and are
consistent with the provisions of this
chapt-ar.
(2)
The OASI contribution fund shall be
established and held separate and apart
from any other funds of the state and
shall be used and ad~inistered exclusively
for the purpose of this chapter. Withdrawals from such fund shall be made for,
and solely for
(a)
payment of amounts
required to be paid to the secretary of
the treasury pursuant to an agreement
entered into under RCW 41.48.030;
(b)
payment of refunds provided for in RCW
41.,_.8.040 (3): and (c) refunds of overpayments, not otherwise adjustable, made by a
political subdivision or instrumentality.
(3)
From the OASI contribution fund the
custodian of the fund shall pay to the
secretary of the treasury such amounts and
at such time or times as may be directed
by the governor in accordance with any
agreement entered into under RCW q1.48.030
and the social security act.
(4)
The treasurer of the state shall be
ex officio treasurer and custodian of the
OASI contribution fund and shall administer such fund in accordance with the
provisions of this chapter and the directions of the governor and shall pay all
warrants drawn upon it in accordance with
the provisions of this section and with
the regulations as the governor may prescribe pursuant thereto.
(1973 c 126 §
14 ; 19 6 7 c 213 § 1 ; 19 51 c 1 84 § 6 • ]
[ 362 ]
41.56.125
PUBLIC EMPLOYEES' COLLECTIVE BARGAI.NING
-----------------------------------------------------~-------~----------------------
chapter 41.56
PUBLIC EMPLOYEES' COLLECTIVE BARGAINING
41.56.030
DEF1]1I1Q~~
As used in
this chapter:
(1) "Public employer" means any officer,
board, commission, council, or other per•
son or body acting on behalf of any public
body governed by this chapter as designated by RCW 41.56.020, or any subdivision of
such public body.
(2) "Public employee" means any employee
of a public employer except any person (a)
elected by popular vote, or (b) appointed
to office pursuant to statute, ordinance
or resolution for a specified term of
office by the executive head or body of
the public employer, or (c) whose duties
as deputy, administrative assistant or
secretary necessarily imply a confidential
relationship to the executive head or body
of the applicable bargaining unit, or any
person elected by popular vote or appointed to office pursuant to statute, ordinance or resolution for a specified term
of office by the executive head or body of
the public employer.
(3) "Bargaining
representativeh means
any lawful organization which has as one
of its primary purposes the representation
of employees in their employment relations
with employers.
(4) "Collective bargaining" means the
performance of the mutual obligations of
the public employer and the exclusive
bargaining representative to meet at reasonable times, to confer and negotiate in
good faith, and to execute a written
agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours and
working conditions, which may be peculiar
to an appropriate bargaining unit of such
public
employer, except that by such
obligation neither party shall be compelled to agree to a proposal or be
required to make a concession
unless
otherwise provided in this chapter.
(5) "Department" means the department of
labor and industries.
(6) "Uniformed personnel" means (a)
law
enforcement officers as defined in RCW
41.26.030 as now or hereafter amended, of
cities with a population of fifteen thousand or more or law enforcement officers
employed by the governing body of AA
counties or (b) fire fighters as that term
is defined in RCW 41.26.030, as now or
hereafter amended. ( 1973 c 131 § 2; 1967
ex.s. c 108 § 3.]
£
Construction--1973
41~56:9os:----------
~~~£sEi1i!Y=
41.56.910.
1973 RCW SUPP.
122]
£
1111
1111
See
See
RCW
RCW
41.56.110
~~==~Yf!lQ~ !BQ~
R!l~
Upon the written authorization of any
public employee within the bargaining unit
and after the certification or recognition
of such bargaining representative, the
public employer shall deduct from the pay
of such public employ·ee the monthly amount
of dues as certified by the secretary of
the exclusive bargaining representative
and shall transmit the same to the treasurer of the exclusive bargaining representative.
[1973 c 59§ 1~ 1967 ex.s. c
108 § 11.)
41.56.122
~QLLECIJVE BAliQ!I!IliQ !QRE~=
KENTS--AUTHORIZED PROVISIONS.
A collective bargainiig-a 9
(1) Contain union security provisions:
PROVIDED, That nothing in this section
shall authorize a closed shop prov~s1on:
PROVIDED FURTHER, That agreements involving union security provisions must safeguard
the right of nonassociation of
public employees based on bona fide religious tenets or teachings of a church or
religious body of which such public employee is a member. Such public employee
shall pay an amount of money equivalent to
regular union dues and initiation fee to a
nonreligious charity or to another charitable organization mutually agreed upon by
the public employee affected and
the
bargaining representative to which such
public employee would otherwise pay the
dues
and initiation fee.
The public
employee shall furnish written proof that
such payment has been made. If the public
employee and the bargaining representative
do not reach agreement on such matter, the
department of labor and industries shall
designate
the charitable organization.
When there is a conflict between any
collective bargaining agreement reached by
a public employer and a bargaining representative on a union security provision
and any charter, ordinance, rule,
or
regulation adopted by the public employer
or its agents, including but not limited
to, a civil service commission, the terms
of the collective bargaining agreement
shall prevail.
(2)
Provide for binding arbitration of
a labor dispute arising from the application or the interpretation of the matters
contained
in
a collective bargaining
agreement. (1973 c 59§ 2.]
reemenr-may:
41.56.125
ARBITRATORS--SELECTION--ADDI:J:ION.ll M~Tl!QD:-Inadd"llionto-anyOther
method
for selecting arbitrators, the
parties may request the department of
labor and industries to, and the department shall, appoint a qualified person who
may be an employee of the department to
act as an arbitrator to assist in the
resolution of a labor dispute between such
public employer and such bargaining representative arising from the application of
the matters contained in a collective
bargaining agreement. The arbitrator shall
( 363 ]
4,. 56., 2 5
PUBLIC EMPLOYMENT
------------------------------conduct such arbitration of such dispute
in
a manner as provided for in the
collective bargaining agreement: PROVIDED,
That the department shall not collect any
fees or charges from such public employer
or
such bargaining representative for
services performed by the department under
the provisions of this chapter: PROVIDED
FURTHER, That the prOV1S10ns of chapter
49.08 RCW shall have no application to
this chapter.
(1973 c 59§ 3.]
41.56.420
J;MP1.QYE~.§~
INT]]I~
£Q11]£.I1VE
fQ~~I!I~~ ON EY]bJ£
~,ASGAI.!J:l.liQ==DUIIES-::
]~QBTS==]ECQMMENDATIQ.!J:.§
TO INCLUDE PRO~~ 1~QISLb!lQli~
The committee--shall
study the operation of chapter 108, Laws
of 1967 extraordinary session, relating to
public employees collective bargaining,
including an evaluation of the collective
bargaining practices and procedures of
uniformed personnel, and review the efficacy of RCW 28.75.130 (28B.16.130), 41.06.340,
41.56.140 through 41.56.190
and
41.56.400 through 41.56.420 or any part
thereof as a means of furthering and
improving management relationships within
public service.
The committee shall submit its report to the governor and the
state legislature, with a copy to the
legislative council, prior to the convening of any regular session of the legislature,
or to any special session if the
committee deems it appropriate.
The report shall contain specific recommendations as to
necessary
or
desirable
changes,
if any, in the law, and shall
also include any proposed
legislation
necessary to implement the recommendations
of the committee.
(1973 c 131 § 9;
1969
ex.s. c 215 § 11.)
£2n§1£Y£!iQn--197J
41.56.905.
~~££Qili!Y= 1221
41.56.910.
£
£
ill.;.
1.lll.
See
See
RCW
RCW
41.56.430
UNIFORMED PER.§Q.li!~1==1~Ql.§=
1AI1!~ ~~CL1RAT.IQN~ --The intent and purpose of *this 1973 amendatory act is to
recognize
that there exists a public
policy in the state of Washington against
strikes by uniformed personnel as a means
of settling their labor disputes; that the
uninterrupted and dedicated service of
these classes of employees is vital to the
welfare and public safety of the state of
washington; that to promote such dedicated
and uninterrupted public service there
should exist an effective and adequate
alternative means of settling disputes.
[1973 c 131 § 1.]
.!~lliil£~ .!!.Qte.:,
"this 1973 amendatory
act" (1973 c 131) consists of RCW 41.56.430-41.56.490, 41.56.905, 41.56.910, and
the 1973 c 131 amendments to RCW 41.56.030
and 41.56.420.
£9D§~£Q£tion==J273
41.56.905.
.§§Y§££bili11==J273
41.56.910.
41. 56.440
131·
£
--~
£
131.;_
See
See
RCW
RCil
.!lliiFORME~ PE.E.§ONNE1::=!£2QI1:
ATIOli.§==Iag~§~~
~~IN~D--FA~I:!lNDili§
PA.NI1==li!A]I.tl~~IINQINQ~
Negotiations
between
representatives of the public
employer and uniformed personnel shall be
commenced at least five months prior to
the submission of the budget to
the
legislative body of the public employer.
If after a forty-five day period
of
negotiation between representatives of the
public employer and uniformed personnel,
an agreement has not been concluded, then
an impasse is declared to exist, and
either party may voluntarily submit the
matters in dispute to mediation, as provided
for in RCW 41.56.100.
I f the
parties have still not reached agreement
after a ten day period of mediation, a
fact-finding panel shall be created ir. the
following manner:
Each party shall appoint one member within two days; the two
appointed members shall then choose a
third member within two days who shall act
as chairman of the panel.
If the two
members so appointed cannot agree within
two days to the appointment of a third
member, either party may request, and the
department shall name a third member who
shall be chairman of the fact-finding
panel and who may be an employee of the
department.
The panel shall begin hearings on the matters in dispute within five
days of the formation of the fact-finding
panel and shall conclude such hearings and
issue findings of fact and recommendations
to the parties within thirty days of the
date upon which hearings were commenced.
Reasonable notice of such hearings shall
be given to the parties who shall appear
and be heard either ir. person or by
counsel or other representative.
Hearings
shall be informal and the rules of evidence prevailing in judicial proceedings
shall not be binding.
Minutes of the
proceedings shall be taken. Any oral or
documentary evidence and other data deemed
relevant by the panel may be received in
evidence.
The panel shall have the power
to administer oaths, require the attendance of witnesses, and the production of
such books, papers, contracts, agreements,
and documents as may be deemed by the
panel material to a just determination of
the issues in dispute and to issue subpoenas.
Costs of each party's appointee
shall be paid by the party, and the costs
of proceedings otherwise shall be borne by
the department.
In making its findings, the fact-finding
panel shall be mindful of the legislative
purpose enumerated in RCW 41.56.430 and as
additional standards of guidelines to aid
it in developing its recommendations, it
[ .364 ]
41.56.460
PUBLIC EMPLOYEES' COLLECTIVE BARGAINING
--------------------------------------------------------------------------------------shall take into consideration those factors set forth in RCW 41.56.460. [1973 c
131 § 3.]
£Qn§!£Y£1ion==1~11
~1.56.905.
~~g£~£ili!Y--197J
~1.56.910.
~1.56.~50
QNifQ]~]~
PANEL--W]S~
!.ll!lQli
1111.
£
£
llli
See
See
RCW
RCW
R]S~ONliE~A]~!=
~Q!.IES-ill!ll=
_hND
_!l!QlliQ~ !ND
~~1]~~1li!I1Q]~
If an
agreement has not been reached within
forty-five days after mediation and factfinding has commenced, an.
arbitration
panel shall be created in the following
manner:
Each party shall submit a list of
three persons to the director, who shall
then name one from each list as members to
the panel, all within two days.
The two
appointed members shall utilize one of the
two following options in the appointment
of the third member,
who shall act as
chairman of the panel:
(1)
By mutual
consent, the two appointed members may
jointly request the department, and the
department shall appoint a third member
within two days of such request.
Costs of
each party's appointee shall be borne by
each party respectively; other costs of
the arbitration proceedings shall be borne
by the department; or (2) The two appointed members shall choose a third member
within
two days.
The costs of each
party's appointee shall be borne by each
party respectively, and the costs of the
proceedings otherwise shall be
shared
equally between the parties.
If the two members so appointed under
alternative
(2)
cannot agree within two
days to the appointment of a third member,
either party may apply to the superior
court of the county where the
labor
disputes exist and request that the third
member of the panel be appointed
as
provided by RCW 7.04.050. The panel thus
composed shall be deemed an agency of the
director
and a state agency for the
purposes of *this 1973 amendatory act.
The panel shall hold hearings on the
matters in dispute within five days after
the formation of the arbitration panel and
take oral or written testimony.
Reasonable notice of such hearings shall
be given to the parties who shall appear
and be heard either in person or by
counsel or other representative.
Hearings
shall be informal and the rules of evidence prevailing in judicial proceedings
shall not be binding.
A recording of the
proceedings shall be taken. Any oral or
documentary evidence and other data deemed
relevant by the panel may be received in
evidence.
The panel shall have the power
to administer oaths, require the attendance of witnesses, and the production of
such books, papers, contracts, agreements
and documents as may be deemed by the
panel material to a just determination of
INGS
1973 RCW SUP!?.
the issues in dispute and to issue subpoenas.
If any person refuses to obey such
subpoena or refuses to be sworn to testify, or any witness, party or attorney of a
party is guilty of any contempt while in
attendance at any hearing held hereunder,
the panel may invoke the
jurisdiction of
the superior court in the county where a
labor dispute exists and such court shall
have
jurisdiction to issue an appropriate
order.
Any failure to obey such order may
be punished by the court as a contempt
thereof.
The hearing conducted by the panel shall
be concluded within twenty days of the
time of commencement and, within fifteen
days after conclusion of the hearings, the
chairman shall make written findings of
fact and a written determination of the
dispute based upon the issues presented, a
copy of which shall be mailed or otherwise
delivered to the employees• negotiating
agent or its attorney or other designated
representative and to the employer or the
employer's attorney or designated representative. The decision made by the panel
shall be final and binding upon both
parties, subject to review by the superior
court upon the application of either party
solely upon the question of whether the
decision of the panel was arbitrary or
capricious.
(1~73 c 131 § ~.]
11 this 1973 amendatory
~,!iS~ not~
act", see note following RCW ~1.56.430.
£.Q!!§ll.!!£li.2!!=.1211
~1.56.905.
Severabili1Y==J273
41.56.910.
1l1.i
~
£
1].11.
See
See
RCW
RCW
Qli.;n:oR~
n.!t~ONNE_J::::::AR.!ll.=
gillb=BA§I~
IQ!1 M:n!.!iiNATIOJh
41. 56.460.
TR!llQ.N
In making its determination, the panel
shall be mindful of the legislative pur~
pose enumerated in RCW 41.56.430 and as
additional standards or guidelines to aid
it in reaching a decision, it shall take
into consideration the following factors:
(a) The constitutional and statutory authority of the employer.
(b) Stipulations of the parties.
(c) Comparison of the wages, hours and
conditions of employment of the uniformed
personnel of cities and counties involved
in the proceedings with the wages, hours,
and conditions of employment of uniformed
personnel of cities and couuties respectively of similar size on the west coast
of the United states.
(d) The average consumer prices
for
goods and services, commonly known as the
cost of living.
(e) Changes in any of the foregoing
circumstances during the pendency of the
proceedings.
(f) Such other factors, not confined to
the
foregoing,
which are normally or
traditionally taken into consideration in
[ 365 ]
41.56.460
PUBLIC EMPLOYMENT
--------------------------------------------------------------------------------------the determination of wages, hours and
conditions of employment.
(g)
Findings of fact made by the factfinder pursuant to RCW 41.56.440.
(1973 c
131 § 5.)
£onst~Q£!io~2}]
41.56.905.
~~g_ability
1.ll.:.
£
12]]
£
41.56.910.
111.:.
See
See
RCW
RCW
41.56.470
QNIFORMg£
~SONliEL-=!liBI=
.IRATIQ!! £!li]1::-RIGHTS Q£: PARTIES.
During
the pendency of the proceedings before the
arbitration panel, existing wages,
hours
and other conditions of employment shall
not be changed by action of either party
without the consent of the other but a
party may so consent without prejudice to
his rights or position under *this 1973
amendatory act. ( 1973 c 131 § 6.]
*Reviser's note: "this 1973 amendatory
actU:-see-note-fOilowing RCW 41.56.430.
£.QB§!LQ£t iQ.!l:::=1211
41.56.905.
~~~abili!.Y::-1973
41.56.910.
£
111.:.
111.:.
£
See
See
~~Yg£sQilii.v::--1~~
41.56.910.
f
111.:.
See
~is~£~ not§.:.
"this 1973 amendatory
act", see note followin_g RCW 41.56.43C.
fml§lll!f!i 0 ~==1211
41.56.905.
Severabilii.Â¥=_.1.273
41.56.910.
1.ll.:.
£
f
111.:.
See
See
RCW
RCW
RCW
RCW
41.56.480
QNI!QRMED fERSONN~1--REFUS!1
IQ ~UBMl.I IQ PROC]12URE~::-INVOKI!!Q ~URIS=
QICTION Q.f ~!!fEinOR COUR,!=CONllJ:!PT.!.
If
the representative of either or both the
uniformed personnel and the public employer refuse to submit to the procedures set
forth in RCW 41.56.440 and 41.56.450,
the
parties, or the department on its own
motion, may invoke the jurisdiction of the
superior court for the county in which the
labor dispute exists and such court shall
have jurisdiction to issue an appropriate
order. A failure to obey such order may
be punished by the court as a contempt
thereof.
A decision of the arbitration
panel shall be final and binding on the
parties, and may be enforced at
the
instance of either party, the arbitration
panel or the department in the superior
court for the county where the dispute
arose. [1973 c 131 § 7.]
f2ll§!~~~~i2~~1211
41. su. 905.
enforcement by a superior court pursuant
to RCW 41.56.480 and 41.56.490, or wilfully offers resistance to such ord~r, whether by strike or otherwise, the punishment
for each day that such contempt persists,
may be a fine fixed in the discretion of
the court in an amount not to exceed two
hundred fifty dollars per day.
Where an
employer wilfully disobeys a lawful ord~r
of enforcement by a superior court pursuant to RCW 41.56.480 or wilfully offers
resistance to such order, the punishment
for each day that such contempt persists
may be a fine, fixed at the discretion of
the court in an amount not to exceed two
hundred
fifty dollars per day to be
assessed against the employer.
[ 197 3 c
131 § 8.]
41.56.905
Yl!IIORMEQ £~liSONNgb==fliQ!!:
SIONS ADDITIONAL--LIBERAL CONSTRUCTION-1273- £-131. -The provisions of*thi51973
amendatory act relating to uniformed personnel are intended to be additional to
other remedies and shall be liberally
construed to accomplish their purpose. If
any provision of *this 1973 amendatory act
conflicts with any other statute, ordi•
nance, rule or regulation of any public
employer as it relates to uniformed employees, the provisions of *this 1973
amendatory act shall control. ( 1973 c 131
§ 10. ]
!!l~is~r•s !!Qig.:.
"this 1973 amendatory
act", see note following RCW 41.56.430.
41.56.910
SEygga~ILIII==1273
~
1I1~
If any provisions of this 1973 amendatory
act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected. [1973 c 131 § 11.]
RCW
TITLE 42
PUBLIC OFFICERS AND AGENCIES
f
131:
See
RCW
Sections added, amended, or repealed:
41.56.490
UNIFORMED EMPLOYEES--STRIKES
~!Qli!]1I~~!10LATioli2 FINEs~-The--right
of uniformed employees to engage in any
strike, work slowdown or stoppage is not
granted.
Where an organization, recognized as the bargaining representative of
uniformed employees subject to this chapter, as amended by *this 1973 amendatory
act,
wilfully disobeys a lawful order of
[ 366
42.04.060
.Q!~te£
Offices to be open certain days
and hours.
42.11
Qiscl.Q§.Jll:Q_ Campaj.g.n Fi-
I!SI!£,g§:=Lobbtllli!=.!!~cord~.:.
Unitiatiy~ ~ure l!2.!. 11hJ
42.04.060
GENERAL PROVISIONS
-------~-------------------------------------------------------------------------------
42.17.010
42.17.020
42. 17. 350
Declaration of policy.
Definitions.
42.17.360
42.17. 370
42.17.380
CAMPAIGN FINANCING
42.17.030
42.17.040
42.17.050
42.17.060
42.17.070
42.17.080
42. 17.090
42. 17.100
42.17.110
42.17.120
42.17.130
42.17.140
Applicability.
Obligation of political committees
to
file statement of
organization.
campaign
treasurer-Depositories.
Deposit
of
contributions-Statement of campaign treasurer--Anonymous contributions.
Authorization of expenditures
and restrictions thereon.
candidates'
and
treasurers'
duty to report.
Contents of report.
Special reports.
Commercial advertisers' duty to
report.
Identification of contributions
and communications.
Forbids use of public office
facilities in campaigns.
Campaign
expenditure
limitations.
LOBBYIST REPORTING
42.17.150
42.17.160
42.17.170
42. 17.180
4.2.17. 190
42.17.200
42.17.210
42.17.220
42.17.230
general~Duties.
42.17.390
42. 17.400
42.17.410
42.17.420
42.17.430
42. 17.44-0
42. 17. 450
42.17.900
42.17.910
42.17.920
42.17.930
42.17.940
42.18.130
42.18.290
42.18.300
Registration of lobbyists.
Exemption from registration.
Reporting by lobbyists.
Reports by employers of registered lobbyists.
Legislative activities of state
agencies and other units of
government.
Grass roots lobbying campaigns.
Employment of legislators, attaches, or state employees-Statement, contents and filing.
Employment
of
unregistered
persons.
Duties of lobbyists.
42.18.340
Ch~ter
reports
State employee.
Civil action against persons
violating this chapter.
Civil
action
against other
violators.
General penalty.
~Qmmi§.:.
42.28.080
Deposit of records with
cleric.
county
42.30.070
Times and places for meetings-Emergencies--Exception.
Executive sessions.
Violations--Personal
liability--Penalty.
Chapter
controlling-Application.
42.30.110
42.30.120
42.30.140
Elected officials
financial affairs.
Civil remedies and sanctions.
Enforcement.
Limitation on actions.
Date of mailing deemed date of
receipt.
Certification of reports.
Statements and reports public
records.
Duty to preserve statements and
reports.
Effective date.
Severability.
construction.
Chapter, section headings not
part of law.
Repealer.
42.:.£§. NQisrie§. gy_&ic an£.
§.iQrrg£§. of ~~§.~
REPORTING OF ELECTED OFFICIALS FINANCIAL
AFFAIRS
42.17.240
Public disclosure commission-Established--Membership.
Commission--Duties.
Commission--Additional powers.
Secretary of state,
attorney
of
Chapter 42.04
GENERAL PROVISIONS
PUBLIC RECORDS
42. 17.250
42.17.260
42.17.270
42. 17.280
42.17.290
42.17.300
42.17.310
42.17.320
42. 17.330
42. 17.340
Duty to publish procedures.
Documents and indexes to be
made public.
Facilities for copying.
Times
for
inspection
and
copying.
Protection of public records.
Charges for copying.
Certain personal and other records exempt.
Prompt responses required.
court protection of records.
Judicial
review
of
agency
actions.
ADMINISTRATION AND ENFORCEMENT
1 97 3 RCW SUPP.
[ 367
42.04.060
OFFICES TO BE OPEN CERTAIN
DAYS AN~ fiOURS~--Alr-state-elective-ana
appointive officers shall keep their offices open for the transaction of business
from eight o'clock a.m. to five o'clock
p.m.
of each business day from Monday
through Friday, state legal holidays excepted.
On saturday, such offices may be
closed.
This section shall not apply to the
courts of record of this state or to their
officers nor to the office of the attorney
general and the
lieutenant
governor.
(1973 2nd ex.s. c 1 § 2; 1955 ex.s. c 9 §
3.
Prior:
1951 c 100 §§ 3, 4; 1941 c 113
§ 1; Rem. Supp. 1941 § 9963-1.]
]
Ch. 42.17
PUBLIC OFFICERS AND AGENCIES
----------------------------------------------------------------------------------~--
Chapter 42. 11
DISCLOSURE--CAMPAIGN FINANCES--LOBBYING-RECORDS
[INITIATIVE MEASURE NO. 276.]
42.17.010
DECLARATION OF POLICY.
It
is hereby declarea-by-the sovereign-people
to be the public policy of the state of
washington:
( 1)
That political campaign and lobbying
contributions and expenditures be
fully disclosed to the public and that
secrecy is to be avoided.
(2)
That the people have the right to
expect from their elected representatives
at all levels of government the utmost of
integrity, honesty and fairness in their
dealings.
(3) That the people shall be assured
that the private financial dealings of
their public officials, and of candidates
for those offices, present no conflict of
interest between the public trust and
private interests.
(4)
That our representative form of
government is founded on a belief that
those entrusted with the offices of government have nothing to feat from full
public disclosure of their financial and
business holdings,
provided those officials deal honestly and fairly with the
people.
(5)
That public confidence in government at all levels is essential and must
be promoted by all possible mea~s.
(6)
That public confidence ~n government at all levels can best be sustained
by assuring the people of the impartiality
and honesty of the officials in all public
transactions and decisions.
(7)
That the concept of attempting to
increase financial participation of individual contributors in political campaigns
is encouraged by the passage of
the
Revenue Act of 1971 by the congress of the
united States, and in consequence thereof,
it
is desirable to have implementing
legislation at the state level.
(8)
That the concepts of disclosure and
limitation of election campaign financing
are established by the passage of the
Federal Election Campaign Act of 1971 by
the congress of the United States, and in
consequence thereof it is desirable to
have implementing legislation at the state
level.
(9)
That small contributions by individual contritutors are to be encouraged,
and that not requiring the reporting of
small contributions may tend to encourage
such contributions.
(10)
That the public's right to know of
the financing of political campaigns and
lobbying and the financial affairs of
elected
officials
and candidates far
outweighs any right that these matters
remain secret and private.
(11)
That,
mindful of the right of
individuals ~o privacy and of the desirability of the efficient administration of
government, full access to information
concerning the conduct of government on
every level must be assured as a fundamen·
tal and necessary precondition to the
sound governance of a free society.
The provisions of this chapter shall be
liberally construed to promote complete
disclosure of all information respecting
the financing of political campaigns and
lobbying, and the financial affairs of
elected officials and candidates, and full
access to public records so as to assure
continuing public confidence in fairness
of elections and governmental processes,
and so as to assure that the public
interest will be fully protected. [1973 c
1 § 1 (Initiative Measure No. 276 § 1).]
42.17.020
DEFINITIONS.
(1)
"Agency"
includes all state-agencies and all local
agencies.
"State agency" includes every
state office, public official, department,
division, bureau, board, commission or
other state agency.
"Local agency" includes
every
county, city, city and
county, school district, municipal corporation, district,
political subdivision,
or any board, commission or agency thereof, or other local public agency.
(2)
"Ballot proposition"
means
any
"measure" as defined by RCW 29.01.110, or
any initiative, recall, or
referendum
proposition proposed to be submitted to
the voters of any specific constituency
which has been filed with the appropriate
election officer of that constituency.
(3)
"Campaign depository" means a bank
designated by a candidate or political
committee pursuant to RCW 42.17.050.
(4)
"Campaign treasurer" and "deputy
campaign treasurer" mean the individuals
appointed by a candidate or political
committee, pursuant to RCW 42.17.050, to
perform the duties specified in
that
section.
(5)
"Candidate" means any individual
who seeks election to public office. An
individual shall be deemed to seek election when he first:
(a)
Receives contributions or makes expenditures or reserves space or facilities
with intent to promote his candidacy for
office; or
(b)
Announces publicly or files for
office.
(6)
"Commercial advertiser" means any
person who sells the service of communicating messages or producing printed material for broadcast or distribution to the
general public or segments of the general
public whether through the use of newspapers, magazines, television and
radio
stations,
billboard companies,
direct
mail advertising companies, printing com·
panies, or other wise. .
(7)
"Commission" means the agency established under RCW 42.17.350.
(8)
"Contribution" includes a
loan,
gift, deposit, subscription, forgiveness
of
indebtedness,
donation,
advance,
pledge, payment, transfer of funds between
[ 368 ]
DISCLOSURE--CAMPAIGN FINANCES--LOBBYING--RECORDS
42.17.020
-~----------------------------------------------------------------------------------
political committees, or transfer of anything of value, including personal and
professional services for less than full
consideration, but does not include ordinary home hospitality and the rendering of
"part time" personal services of the sort
commonly performed by volunteer campaign
workers or incidental expenses not in
excess of twenty-five dollars personally
paid for by any volunteer campaign worker.
"Part time" services, for the purposes of
this chapter, means services in addition
to regular full time employment,
or, in
the case of an unemployed person, services
not in excess of twenty hours per week,
excluding weekends. For the purposes of
this chapter, contributions other than
money or its equivalents shall be deemed
to have a money value equivalent to the
fair market value of the contribution.
sums paid for tickets to fund-raising
events such as dinners and parties are
contributions; however, the amount of any
such contribution may be reduced for the
purpose of complying with the reporting
requirements
of this chapter,
by the
actual cost of consumables furnished in
cDnnection
with the purchase of such
tickets, and only the excess over actual
cost of such consumables shall be deemed a
contribution.
(9)
"Elected official" means any person
elected at a general or special election
to any public office, and any person
appointed to fill a vacancy in any such
office.
(10)
"Election" includes any primary,
general or special election for public
office and any election in which a ballot
proposition is submitted to the voters.
(11)
"Election campaign" means any campaign in support of or in opposition to a
candidate for election to public office
and any campaign in support of, or in
opposition to, a ballot proposition.
(12)
"Expenditure" includes a payment,
contribution, subscription, distribution,
loan, advance,
deposit, or gift of money
or anything of value,
and includes a
contract,
promise,
or agreement, whether
or not legally enforceable, to make an
expenditure.
The term "expenditure" also
includes a promise to pay, a payment or a
transfer of anything of value in exchange
for goods, services, property, facilities
or anything of value for the purpose of
assisting,
benefiting or honoring
any
public official or candidate, or assisting
in furthering or opposing any election
campaign.
(13)
"Final report" means the report
described as a final report in RCW 42.17.080 (2).
(14)
"Immediate family" includes the
spouse and children living in the household and other relatives living in the
household.
(15)
"Legislation" means bills, resolutions, motions,
amendments, nominations,
and other matters pending or proposed in
either house of th~ state legislature, and
includes any other matter which may be the
1973 RCW SUPP.
subject of action by either house, or any
committee of the legislature and all bills
and resolutions which having
passed both
houses,
are
pending approval by the
governor.
( 16)
"Lobby" and "lobbying" each mean
attempting to influence the passage or
defeat of any legislation by the legislature of the state of washington,
or the
adoption or rejection of any rule, standard, rate or other legislative enactment
of
any state agency under the state
Administrative Procedure Acts,
chapter
34.04 RCW and chapter 28B.19 RCW.
(17)
"Lobbyist" includes any person who
shall lobby either in his own or another's
behalf.
( 18)
"Lobbyist• s employer" means the
person or persons by whom a lobbyist is
employed and all persons by whom he is
compensated for acting as a lobbyist.
(19)
"Person" includes an individual,
partnership,
joint venture, public
or
private corporation, association, federal,
state or local governmental entity or
agency
however constituted, candidate,
committee, political committee,
political
party, executive committee thereof, or any
other organization or group of persons,
however organized.
(20)
"Person in interest" means the
person who is the subject of a record or
any representative designated by
said
person,
except that if such person be
under a legal disability, the term "person
in interest" shall mean and include the
parent
or
duly
appointed
legal
representative.
(21)
"Poll tical advertising" includes
any advertising displays, newspaper ads,
billboards, signs, brochures, articles,
tabloids, flyers, letters, radio or television presentations or other means of
mass communication,
used for the purpose
of appealing, directly or indirectly, for
votes or for financial or other support in
any election campaign.
(22)
"Political committee" means any
person (except a candidate or an individual dealing with his own funds or property)
having the expectation of receiving con•
tributions or making expenditures in support of, or opposition to,
any candidate
or any ballot proposition.
(23)
"Public office" means any fed(>ral,
state,
county, city,
town, school district, port district, special district, or
other state political subdivision elective
office.
(24)
"Public record" includes any writing containing information relating to the
conduct of government or the performance
of any governmental or proprietary function prepared, owned, used or retained by
any state or local agency regardless of
physical form or characteristics.
(25)
"Writing" means handwriting, typewriting,
printing, photostating,
photographing, and every
other
means
of
recording any form of communication or
representation, including letters,
words,
[ 369 ]
42.17.020
PUBLIC OFFICERS AND AGENCIES
--------------------------------------------------------------------------------------pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes,
photographic films
and prints,
magnetic or punched cards,
discs, drums and other documents.
As used in this chapter, the singular
shall take the plural and any gender,
the
other, as the context requires.
(1973 c 1
§ 2 (Initiative Measure No. 276 § 2).]
(g)
The ballot proposition concerned,
any,
and whether the committee is in
favor of or opposed to such proposition;
(h)
What distribution of surplus funds
will be made in the event of dissolution;
and
(i)
Such other information as the commission may by regulation prescribe, in
keeping with the policies and purposes of
this chapter.
(3)
Any material change in information
previously submitted in a statement of
organization shall be reported to the
commission and to the appropriat~ county
auditor within the ten days following the
change.
(1973 c 1 § 4 (Initiative Measure
No. 27 6 § I+) • )
~r
CAMPAIGN FINANCING
42.17.030
~11~~LII~
The provisions of this chapter relating to election
campaigns shall apply in all election
campaigns other than
(a)
for precinct
committeeman; (b) for the president and
vice president of the United States: and
(c) for an office the constituency of
which does not encompass a whole county
and which contains less than five thousand
registered voters as of the date of the
most recent general election in
such
district.
( 1973 c 1 § 3
(Initiative
Measure No. 276 § 3). ]
42.17.050
TOgiE~.!.
CAMPAIGN
TREASURER--DEPOSI-
Each-candidate;-~or-before
the time he announces publicly or files
for office, and each political committee,
at or before the time it files a statement
of organization, shall designate and file
with the commission the names and addresses of:
(a)
One legally competent individual,
who may be the candidate, to serve as a
campaign treasurer: and
(b)
one bank doing business in this
state to serve as campaign depository.
(2)
A candidate, a political committee
or a campaign treasurer may appoint as
many deputy campaign treasurers as is
considered necessary and may designate not
more than one additional campaign depository in each other county in which the
campaign is conducted.
The candidate or
political committee shall file the names
and addresses of the deputy
campaign
treasurers and additional campaign depositories with the commission.
(3) (a)
A candidate or political committee may at any time remove a campaign
treasurer or deputy campaign treasurer or
change a designated campaign depository.
(b)
In the event of the death, resignation, removal, or change of a campaign
treasurer, deputy campaign treasurer or
depository,
the candidate or political
committee shall designate and file with
the commission the name and address of any
successor.
(4)
No campaign treasurer, deputy caw·
paign treasurer, or campaign depository
shall be deemed to be in compliance with
the prov~s~ons of this chapter until his
name and address is filed with the commission.
(1973 c 1 § 5 (Initiative Measure
NO. 276 § 5). )
42.17.040
QBLI§!IIQN Qf goLIII£!1 ~OM=
JiiTTEEs IQ I.n.E §nnMENT Qf Q!l..2Affi!TroN.!.
(1)
Every political committee, within ten
days after its organization or, within ten
days after the date when it first has the
expecta~ion
of receiving contributions or
making expen~itures in any election campaign,
whichever is earlier, shall file a
statement of organization with the commission and with the county auditor of the
county in which the candidate resides
(or
in the case of a political committee
supporting or opposing a ballot proposition, the county in which the campaign
treasurer resides).
Each political committee in existence on the effective date
of this act shall file a statement of
organization with the commission within
ninety days after such effective date.
(2)
The statement of organization shall
include but not be limited to:
(a)
The
nam~
and
address of the
committee;
(b)
The names and addresses of all
related or affiliated committees or other
persons,
and the nature of the relationship or affiliation;
(c)
The names, addresses, and titles of
its officers; or if it has no officers,
the names,
addresses and titles of its
responsible leaders;
(d)
The name and address of its campaign treasurer and campaign depository;
(e)
A statement whether the committee
is a continuing one;
(f)
The name, office sought, and party
affiliation of each candidate whom the
committee is supporting or opposing, and,
if the committee is supporting the entire
ticket of any party,
the name of the
party:
[
<1>
42.17.060
~POSII
Qf CONigi~Q!IQ!~==
ST!!EM,UI Qf ~llg!.IQ! TR,U§l!.M.!L-::!.H.QEllQ.!!~
~!I~IIQ!~.!.
(1) All monetary contributions received by a candidate or political
committee shall be deposited by the campaign treasurer or deputy treasurer in a
370
]
DISCLOSURE--CAMPAIGN FINANCES--LOBBYING--RECORDS
42.17.080
--------------------------------------------------------------------------------------campaign depository in an account designated,
"Campaign Fund of -------------"
(name of candid (2)
All deposits made by
a campaign treasurer or deputy campaign
treasurer shall be accompanied by a statement containing the name of each person
contributing the funds so deposited and
the amount contributed by each person:
PROVIDED, That contributions not exceeding
five dollars from any one person may be
deposited without identifying the contributor.
The statement shall be in triplicate, upon a form prescribed by
the
commission, one copy to be retained by the
campaign depository for its records,
one
copy to be filed by the campaign treasurer
with the commission, and one copy to be
retained by the campaign treasurer for his
records.
In the event of deposits made by
a deputy campaign treasurer,
the third
copy shall be forwarded to the campaign
treasurer to be retained by him for his
records.
Each statement shall be certified as correct by the campaign treasurer
or deputy campaign treasurer making the
deposit.
(3)
(a)
Accumulated anonymous contributions in excess of one dollar from any
individual contributor, and
(b)
Accumulated anonymous contributions
in excess of one percent ·of the total
accumulated contributions received to date
or three hundred dollars
(whichever is
less) ,
shall not be deposited, used or expended,
but shall be returned to the donor, if his
identity can be ascertained. If the donor
cannot be ascertained, the contribution
shall escheat to the state, and shall be
paid to the state treasurer for deposit in
the state general fund.
(1973 c
1 § 6
(Initiative Measure No. 276 § 6). ]
42.17.070
AUTHORIZATION OF
EXPENDITURES ANn RESTRrcTroNs--TH~EliQn~--io-ei~
penditures shair-~ade or incurred by
any candidate or political committee except on the authority of the campaign
treasurer or the candidate, and a record
of all such expenditures shall be maintained by the campaign treasurer. [1973 c
1 § 7 (Initiative Measure No. 276 § 7) .]
42.17. 080
CANDIDATES'
AND TREASURERS'
B~fQB!~---(1,---on--the-~y~he
campaign treasurer is designated,
each
candidate or political committee shall
file with the commission and the county
auditor of the county in which the candidate resides (or in the case of a political committee supporting or opposing a
ballot proposition, the county in which
the campaign treasurer resides} , in addition to any statement of organization
required under RCW 42.17.04C, a report of
all contributions received and expenditures made in the election campaign prior
to that date:
PROVIDED, That if the
political committee is an organization of
co~tinuing
existence not established in
QUTI !Q
1973 RCW SUPP.
[ 371
anticipation of any particular election
the campaign treasurer shall report, at
the times required by this chapter, and at
such other times as are designated by the
commission, all contributions received and
expenditures made since the date of his or
his predecessor's last report.
In addition to any statement of organization
required under RCW 42.17.040, the initial
report of the campaign treasurer of such a
political committee in existence at the
time this chapter becomes effective need
include only:
(a)
The funds on hand at the time of
the report, and
(b)
such other information as shall be
required by the commission by regulation
in
conformance with the policies and
purposes of this chapter.
(2)
At the following intervals each
campaign treasurer shall file with the
commission and the county auditor of the
county in which the candidate resides
(or
in the case of a political committee
supporting or opposing a
ballot proposition the county in which the campaign
treasurer resides) a further report of the
contributions received and expenditures
made since the date of the last report:
(a)
On the fifth and nineteenth da.ys
immediately preceding the date on which
the election is held; and
(b)
Within ten days after the date of a
primary election,
and within twenty-one
days after the date of all other elections; and
(c)
On the tenth day of each month
preceding the election in which no other
repor~s are required
to be filed under
this section.
The report filed under paragraph
(b)
above shall be the final report if there
is no outstanding debt or obligation,
and
the campaign fund is closed,
and the
campaign is concluded in all respects, and
if in the case of a political committee,
the committee has ceased to function and
has dissolved. If the candidate or political committee has any outstanding debt or
obligation,
additional reports shall be
filed at least once every six months until
the obligation or indebtedness is entirely
satisfied at which time a final report
shall be filed.
A continuing political
committee shall file reports as required
by this chapter until i t is dissolved, at
which time a final report shall be filed.
Upon submitting a final report, the duties
of the campaign treasurer shall cease and
there shall be no obligation to make any
further reports.
(3)
The campaign treasurer shall mai~­
tain books of account in accordance with
generally accepted accounting principles
reflecting all contributions and expenditures on a current basis within three
business days of receipt or expenditure.
During the eight days immediately preceding the date of the election the books of
account shall be kept current within one
business day and shall be open for
public
inspection during normal business hours at
]
42. 17.080
PUBLIC OFFICERS AND AGENCIES
--------------------------------------------------------------------------------------the principal campaign headquarters or, if
there is no campaign headquarters, at the
address of the campaign treasurer.
(4)
All reports filed pursuant to this
section shall be certified as correct by
the candidate and the campaign treasurer.
(5)
Copies of all reports filed pursuant to this section shall be readily
available for public inspection at the
principal campaign headquarters or, if
there is no campaign headquarters, at the
address of the campaign treasurer.
(1973
c 1 § 8 (Initiative Measure No. 276 § 8). 1
42.17.090
~B!~
Q[ li~fQRT.
(1}
Each repcrt required under RCW 42.17.080
shall disclose for the period beginning at
the end of the period for the last report
or,
in the case of an initial report, at
the time of the first contribution or
expenditure,
and ending not more than
three days prior to the date the report is
due:
(a)
The funds on hand at the beginning
of the period;
(b)
The name and address of each person
who has made one or more contributions
during the period, together with the money
value and date of such contributions and
the aggregate value of all contributions
received from each such person during the
preceding twelve-month period:
PROVIDED,
That
contributions not exceeding five
dollars in aggregate from any one person
during the election campaign may be reported as one lump sum so long as the
campaign treasurer maintains a separate
and private list of the names and amounts
of each such contributor;
(c)
Each loan, promissory note or security instrument to be used by or for the
benefit of the candidate or political
committee made by any person, together
with the names and addresses of the lender
and each person liable directly, indirectly or contingently and the date and amount
of each such loan,
promissory note or
security instrument;
(d)
The name and address of each political committee from which the reporting
committee or candidate received,
or to
which that committee or candidate made,
any transfer of funds, together with the
amounts, dates and purpose of all such
transfers;
(e)
All other contributions not otherwise listed or exempted;
(f)
The name and address of each person
to whom an expenditure was made in the
aggregate amount of twenty-five dollars or
more,
and the amount, date and purpose of
each such expenditure;
{g)
The total sum of expenditures;
(h)
The surplus or deficit of contributions over expenditures;
(i)
The disposition made of any surplus
of contributions over expenditures;
(j)
such other information as shall be
required by the commission by regulation
in conformance with the policies
and
purposes of this chapter; and
(k)
Funds received from a political
committee
not domiciled in Washington
state and not otherwise required to report
under this chapter (a "nocreporting committee") • such funds shall be forfeited
to the state of Washington unless the
nonreporting committee has filed with the
commission a statement disclosing: (i) its
name and address; {ii) the purposes of the
nonreporting commit tee:
(iii) the names,
addresses and titles of its officers or if
it has no officers, the names, addresses
and titles of its responsible leaders;
(i v)
a statement whether the nonreporting
committee is a continuing one;
(V)
the
name, office sought, and party affiliation
of each candidate in
the
state
of
Washington whom the nonreporting committee
is supporting~ and, if such committee is
supporting the entire ticket of any party,
the name of the party;
(vi)
the ballot
proposition supported or opposed in the
state of washington, if any, and whether
such committee is in favor of or opposed
to such proposition; (vii)
the name and
address of each person residing in the
state of washington or corporation which
has a
place of business in the state of
Washington who has made one or
more
contributions to the nonreporting committee during the
preceding
twelve-month
period,
together with the money value and
date of such contributions;
(viii) the
name and address of each person in the
state of washington to whom an expenditure
was made by the nonreporting committee on
behalf of a candidate or political committee in the aggregate amount of twenty-five
dollars or more, the amount, date and
purpose of such expenditure, and the total
sum of such expenditures; (i~ such other
information
as the commission may by
regulation prescribe, in keeping with the
policies and purposes of this chapter.
(2)
The campaign treasurer and the candidate shall certify the correctness of
each report.
(1973 c 1 § 9 (Initiative
Measure No. 276 § 9).]
42.17.100
SPECIAL REPORTS.
In addition to the other-reports-required by this
chapter
(1)
Any person who makes an expenditure
in support of or in opposition to any
candidate or proposition
~xcept to the
extent that a contribution is made directly to a candidate or political committee),
in the aggregate amount of one hundred
dollars or more during an election campaign, shall file with the commission a
report signed by the contributor disclosing (a) the contributor's name and address,
and
(b)
the date, nature, amount
and recipient of such contribution or
expenditure; and
(2)
Any person who contributes in the
aggregate amount of one hundred dollars or
more during the preceding twelve-month
period to any political committee not
domiciled in the state of Washington or
not otherwise required to report under
[ 372 ]
DISCLOSURE--CAMPAIGN FINANCES--LOBBYING--RECORDS
42.17.150
--------------------------------------------------------------------------------------this chapter, if the person reasonably
expects such political committee to make
contributions in respect to any election
covered by this chapter, shall file with
the commission a report signed by the
contributor disclosing
(a) the contributor's name and address, and (b) the date,
nature,
amount and recipient of such
contribution, and
(c)
any instructions
given as to the use or disbursement of
such contribution. ( 1973 c 1 § 10
(Initiative Measure No. 276 § 10).]
42.17.110
COMMERCIAL ADVERTISERS' DUTY
(1,--within-fifteen-da~-after
an ~tion each commercial advertiser who
has accepted or provided political advertising during the election campaign shall
file a report with the commission which
shall be certified as correct and shall
specify:
(a)
The names and addresses of persons
from
whom
it
accepted
political
advertising;
(b)
The exact nature and extent of the
advertising services rendered;
(c)
The consideration and the manner of
paying that consideration for such services; and
(d)
such other facts as the commission
may by regulation prescribe, in keeping
with the policies and purposes of this
chapter.
(2)
No report shall be required from
any commercial advertiser as to any single
candidate or political committee when the
total value of such political advertising
does not exceed fifty dollars.
( 1973 c
1
§ 11 (Initiative Measure No. 276 § 11}.]
To REPoRT.
42.17.120
IDENTIFICATION OF CON1RIBU=
TIO~ !~~ fQ~~UNICATIONS:-~o-contribution
shall be made and no expenditure shall be
incurred, directly or indirectly, in a
fictitious name, anonymously,
or by one
person through an agent, relative or other
person in such a manner as to conceal the
identity of the source of the contribution. [1973 c 1 § 12 (Initiative Measure
No. 276 § 12).]
FORBIDS USE OF PUBLIC OFFICE
IN--cAMPArGis:- -No--elective
official nor any eiplo~--of his office
may use or authorize the use of any of the
facilities of his public office, directly
or indirectly, for the purpose of assisting his campaign for
reelection to the
office he holds, or for election to any
other office, or for election of any other
person to any office or for the promotion
or opposition to any ballot proposition.
Facilities of public office include, but
are not limited to,
use of stationery,
postage,
machines and equipment, use of
employees of the office during working
hours,
vehicles, office space, publications of the office, and clientele lists
of persons served by the office: PROVIDED,
42.17.130
!h&ILITI~~
1973 RCW SUPP.
[
That this section shall not apply to those
activities performed by the official or
his office which are part of the normal
and regular conduct of the office. [1973
c 1 § 13 (Initiative Measure No.
276 §
13) • ]
42.17.140
£anR!I2! g!fliHQITUftg blnii!=
(1)
The total of expenditures
made in any election campaign in connection with any public office shall not
exceed the larger
of
the
following
amounts:
(a)
Ten cents multiplied by the number
of voters registered in the constituency
at the last general election for the
public office; or
(b)
Five thousand dollars; or
(c)
A sum equal to the public salary
which will be paid to the occupant of the
office which the candidate seeks, during
the term for which the successful candidate will be elected: PROVIDED, That with
respect to candidates for the office of
governor and lieutenant governor of the
state of Washington only, a sum equal to
the public salary which will be paid the
governor during the term sought,
multiplied by two; and with respect to candidates for the state legislature only,
a
sum equal to the public salary which will
be paid to a member of the state senate
during his term.
(2)
In any election campaign in connection with any state-wide ballot proposition the total of expenditures made shall
not exceed one hundred thousand dollars.
The total of such expenditures in any
election campaign in connection with any
other ballot proposition shall not exceed
ten cents multiplied by the number of
voters registered in the
constituency
voting on such proposition. [1973 c 1 §
14 (Initia·tive Measure No. 276 § 14).]
IIQH~~
LOBBYIST REPORTING
42.17.150
~GIST]!IIQE
OF LOBBYISTS.
(1)
Before doing any lobbying, or--within
thirty days after being employed as a
lobbyist, whichever occurs first, a lobbyist shall register by filing
with the
commission a lobbyist registration statement, in such detail as the commission
shall prescribe, showing:
(a}
His name,
permanent business address, and any temporary residential and
business
addresses in Thurston county
during the legislative session:
(b)
The name, address and occupation or
business of the lobbyist's employer;
(c)
The duration of his employment;
(d)
His compensation for: lobb.ying; how
much he is to be paid for expenses, and
what expenses are to be reimbursed; and a
full and particular description of any
agreement, arrangement or understanding
according to which his compensa~ion, or
373 ]
42.17.150
PUBLIC OFFICERS AND AGENCIES
-----------------------------------------------------------------42.17.160
EX~£1IO! FRO~ B~212!RATION,
The following persons and activities shali
be exempt from registration and reporting
under RCW 42.17.150, 42.17.170, 42.17.190
and 42.17.200:
(1)
Persons who limit their lobbying
activities to appearance before public
sessions of committees of the legislature,
or public hearings of state agencies.
(2)
News or feature reporting activities and editorial comruent by working
members of the press, radio, or television
and the publication
or
dissemination
thereof by a newspaper, book publisher,
regularly published pericdical, radio station, or television station.
(3)
Lobbying without compensation or
other consideration: PROVIDED, Such person makes no expenditure for or on behalf
of
any member of the legislature or
elected official or public officer or
employee of the state of Washington in
connection with such lobbying. Any person
exempt under this subsection (3) may at
his option register and report under this
chapter.
(4)
The governor.
(5)
The lieutenant governor.
(6)
Except as provided by RCW 42.17.190
(1), members of the legislature.
(7)
Except as provided by RCW 42. 17.190
(1),
persons employed by the legislature
for the purpose of aiding in the prepara·
tion and enactment of legislation.
(8)
Except as provided by RCW 42. 17.190
elected state officers, state officers
appointed by the governor subject
to
confirmation by the senate, and employees
of any state agency.
[ 197 3 c 1 § 16
(Initiative Measure No. 276 § 16).)
any portion thereof, is or will be contingent upon the success of any attempt to
influence legislation;
(e)
Whether the person from whom he
receives said compensation employs him
solely as a lobbyist or whether he is a
regular employee performing services for
his employer which include but are not
limited to the influencing of legislation;
(f)
The general subject or subjects of
his legislative interest;
(g)
A written authorization from each
of the lobbyist's employers confirming
such employment;
(h)
The name and address of the person
who will have custody of the accounts,
bills, receipts, books, papers, and documents required to be kept under this
chapter;
(i)
If the lobbyist•s employer is an
entity (including, but not limited to,
business and trade associations)
whose
members include, or which as a representative entity undertakes lobbying activities
for, businesses, groups, associations or
organizations, the name and address of
each member of such entity or person
represented by such entity whose fees,
dues, payments or other consideration paid
to such entity during either of the prior
two years have exceeded five
hundred
dollars or who is obligated to or has
agreed to pay fees,
dues, payments or
other consideration exceeding five hundred
dollars to such entity during the current
year.
(2)
Any lobbyist who receives or is to
receive compensation from more than one
person for his services as a lobbyist
shall file a separate notice of representation with respect to each such person;
except that where a lobbyist whose fee for
acting as such in respect to the same
legislation or type of legislation is, or
is to be, paid or contributed to by more
than one person then such lobbyist may
file a single statement, in which he shall
detail the name, business address and
occupation of each person so paying or
contributing,
and the amount of the respective payments or contributions made by
each such person.
(3)
Whenever a change, modification, or
termination of the lobbyist•s employment
occurs, the lobbyist shall, within one
week
of such change, modification or
termination, furnish full information regarding
the same by filing with the
commission
an
amended
registration
statement.
(4)
Each lobbyist who has registered
shall file a new registration statement,
revised as apFropriate, each January,
and
failure to do so shall terminate his
registration. ( 1973 c 1 § 15
(Initiative
Measure No. 276 § 15) • )
[
42.17.170
gPO.!ITING BY b~ID:Ja!.§.!. (1)
Any lobbyist reg~stered under RCW 42.17.150 and any person who lobbies shall file
with the commission periodic reports of
his activities signed by both the lobbyist
and the lobbyist•s employers. The reports
shall be made in the form and manner
prescribed by the commission. They shall
be due quarterly and shall be filed within
thirty days after the end of the calendar
quarter covered by the report.
In addition to the quarterly reports, while the
legislature is in session, any lobbyist
who lobbies with respect to any legisla·
tion shall file interim weekly periodic
reports for each week that the legislature
is in session, which reports need be
signed only by the lobbyist and which
shall be filed on each Tuesday for the
activities of the week ending on the
preceding Saturday.
(2)
Each such quarterly and weekly periodic report shall contain:
(a)
The totals of all expenditures made
or incurred by such lobbyist or on behalf
of such lobbyist by the lobbyist•s employer during the period covered by
the
report,
which totals shall be segregated
according to financial category, including
374
]
DISCLOSURE--CAMPAIGN FINANCES--LOBBYING--RECORDS
42.17.190
--------------------------------------------------------------------------------------food and refreshments; living accommodations:
advertising;
travel; telephone;
contributions; office expenses,
including
rent and the salaries and wages paid for
staff and secretarial assistance, or the
proportionate
amount thereof,
paid or
incurred for lobbying activities;
and
other
expenses or services:
PROVIDED
HOWEVER, That unreimbursed personal living and travel expenses of a lobbyist not
incurred directly or indirectly for any
lobbying purpose need not be reported: AND
PROVIDED FURTHER, That the interim weekly
reports of legislative lobbyists for the
legislative session need show only the
expenditures for food and refreshments;
living accommodations; travel; contributions; and such other categories as the
commission shall prescribe by rule.
Each
individual expenditure of more than fif•
teen dollars for entertainment shall be
identified by date, place, amount, and the
names of all persons in the group partaking in or of such entertainment including
any portion thereof attributable to the
lobbyist's participation therein but without allocating any portion of such expenditure to individual participants.
(b)
In the case of a lobbyist employed
by more than one employer, the proportionate amount of such expenditures in each
category incurred on behalf of each of his
employers.
(c)
An itemized listing of each such
expenditure in the nature of a contribution of money or of tangible or intangible
personal property to any legislator, or
for or on behalf of any legislator. All
contributions made to, or for the benefit
of, any legislator shall be identified by
date, amount, and the name of the legislator receiving, or to be benefited by each
such contribution.
(d)
The subject matter of proposed legislation or rulemaking;
the
proposed
rules, standards, rates or other legislative enactments under chapter 34.04 RCW
and chapter 28B.19 RCW (the state Administrative Procedure Acts)
and the state
agency
considering the same; and the
number of each senate or house bill,
resolution, or other legislative activity
which the lobbyist has been engaged in
supporting or opposing during the report•
ing period: PROVIDED, That in the case of
appropriations bills the lobbyist shall
enumerate the specific section or sections
which he supported or opposed.
[1973 c 1
§ 17 (Initiative Measure No. 276 § 17). 1
42.17.18C
BERQB~ BY EMPLOYERS OF REGISTERED 1Q~]!IST~~
Everr--emPiOyer o~a
lobbyist registered under this chapter
shall file with the commission on or
before January 31st of each year a statement disclosing for the preceding twelve
months the following information:
(1)
The name of each elected official,
candidate, or any member of his immediate
family to whom such employer has paid any
197 3 RCW SUPP.
compensation, the value of such compensation and the consideration given or performed in tXchange for such compensation.
(2)
The name of any corporation, partnership, joint venture, association, union
or other entity of which any elected
official, candidate, or any member of his
immediate family is a member, officer,
partner, director, associate or employee
and to which the employer has paid compensation, the value of such compensation and
the consideration given or performed in
exchange for such compensation. [1973 c 1
§ 18 (Initiative Measure No. 276 § 18).]
LEQI~ATIY~
AG~N£I~§ b]Q OTll~B
42.17.190
!CTIYI!IE§
Qf
QNIT§ Qf QQY]BN=
MEN!.:.
(1)
Every legislator and every
committee of the legislature shall file
with the commission quarterly
reports
listing the names, addresses, and salaries
of all persons employed by the persor. or
committee making the filing for the purpose of aiding in the preparation and
enactment of legislation during the preceding quarter. The reports shall be made
in the form and the manner prescribed by
the commission and shall be filed between
the first and tenth days of each calendar
quarter.
(2)
Unless expressly authorized by law,
no state funds shall be used directly or
indirectly for lobbying:
PROVIDED, This
shall not prevent state officers or employees from communicating with a member
of the legislature on the request of that
member; or communicating to the legislature, through the proper official channels, requests for legislative action or
appropriations which are deemed necessary
for the efficient conduct of the public
business or actually made in the proper
performance
of their official duties:
PROVIDED FURTHER, That this subsection
shall not apply to the legislative branch.
(3)
Each state agency which expends
state funds for lobbying pursuant to an
express authorization by law or whose
officers or employees communicate to members of the legislature on request of any
member or communicate to the legislature
requests for legislation or appropriations
shall file with the commission quarterly
statements providing the following information for the quarter just completed:
(a)
The name of the agency filing the
statement;
(b)
The name, title, and job description and salary of each employee engaged
in such legislative activity, a general
description of the nature of his legislative activities, and the proportionate
amount
of
his
time
spent on such
activities;
(c)
In the case of any communications
to a member of the legisla~ure in response
to a reguest frcm the member, the name of
the member making the request and the
nature and subject of the request.
The statements shall be in the form and
the manner prescribed by the commission
ST!!~
[ 375 )
42.17.190
PUBLIC OFFICERS AND AGENCIES
--------------------------------------------------------------------------------------and shall be filed within thi~ty days
afte~
the end of the quarter covered by
the report.
(4)
The
prov~s~ons
of this section
shall not relieve any sta~e officer or any
employee of a state agency from complying
with other provisions of this chapter, if
such officer or employee is not otherwise
exempted. [ 1973 c
1 § 19
(Initiative
Measure No. 276 § 19) • ]
reports with the commission, which shall
be filed by the tenth day of the month for
the activity during the preceding month.
The reports shall update the information
contained in the sponsor's registration
statement and in prior reports and shall
show contributions received and totals of
expenditures made during the month, in the
same manner as provided for in the registration statement.
(4)
When the campaign has been terminated, the sponsor shall file a notice of
termination with the final monthly report,
which notice shall state the totals of all
contributions and expenditures made on
behalf of the campaign, in the same manner
as provided for in the registration statement.
(1973 c 1 § 20 (Initiative Measure
No.276§20).]
42.17.200
GRASS liQOT~ LOBBYJNG CA~=
f!!GN§~
(1) ~~ny pe~son who has made
expenditures,
not reported under other
sections of this chapter, exceeding five
hundred dollars in the aggregate within
any three month period or exceeding two
hundred dollars in the aggregate within
any one month period in presenting a
program addressed to the public, a substantial portion of
which is intended,
designed, or calculated primarily to influence legislation shall be required to
register and report, as provided in subsection (2), as a sponsor of a grass roots
lobbying campaign.
(2)
Within thirty days after becoming a
sponsor of a grass roots lobbying campaign,
the sponsor shall register by
filing with the commission a registration
statement, in such detail as the commission shall prescribe, showing:
(a)
The sponsor's name, address, and
business or occupation, and, if the sponsor is not an individual, the names,
addresses and titles of the controlling
persons responsible for managing the sponsor's affairs.
(b)
The names, addresses, and business
or occupation of all persons organizing
and managing the campaign, or hired to
assist the campaign, including any public
relations or advertising firms participating in the campaign,
and the terms of
compensation for all such persons.
(c)
The names and addresses of all
persons contributing to the campaign, and
the
amount
contributed
by
each
contributor.
(d)
The purpose of the campaign,
including the specific legislation, rules,
rates, standards or proposals which are
the subject matter of the campaign.
(e)
The totals of all expenditures made
or incurred to date on behalf of the
campaign, which totals shall be segregated
according to financial category, including
but not limited to the following: advertising,
segregated by media, and in the
case of large expenditures (as provided by
rule of the commission) , by outlet; contributions; entertainment, including food
and refreshments; office expenses including rent and the salaries and wages paid
for staff and secretarial assistance, or
the proportionate amount thereof paid or
incurred for lobbying campaign activities;
consultants; and printing and
mailing
expenses.
(3)
Every sponsor who has registered
under this section shall file monthly
(
42.17.210
ATT!CH~L QI!.
~ni1Qin~NT
STAT~
Qf
~21§1!TOB~~
.!H!fLOYE~~IATEgNT~
~].TE].TS
AND .fiLINQ~ I f any person registered or required to be registered as a
lobbyist under this chapter employs, or if
any employer of any person registered or
required to be registered as a lobbyist
under this chapter, employs any member of
the legislature, or any member of any
state board or commission, or any employee
of the legislature, or any full time state
employee, i f such new employee
shall
remain in the partial employ of the state
or any agency thereof, then the
new
employer shall file a statement under oath
with the commission setting out the nature
of the employment, the name of the person
to be paid thereunder, and the amount of
pay or consideration to be paid thereun·
der.
The statement shall be filed within
fifteen days after the commencement of
such employment. ( 1973 c 1 § 21
(Initiative Measure No. 276 § 21) .]
EMPLQ!~~NT
OF UNg~2IS~B~Q
It shall be a violation of this
chapter for any person to employ for pay
or any consideration, or pay or agree to
pay any consideration to, a person to
lobby who is not registered under this
chapter except upon condition that such
person register as a lobbyist as provided
by this chapter, and such person does in
fact so register as soon as practicable.
[1973 c 1 § 22 (Initiative Measure No. 276
§ 22) • ]
42.17.220
PEB~Q.li~
42.17.230
DUTIES OF LOBBYISTS. A per·
son required -to--register--as-a-lobbyist
under this chapter shall also have the
following obligations, the violation of
which shall constitute cause for revoca·
tion of his registration, and may subject
such person, and such person's employer,
if such employer aids, abets, ratifies or
confirms any such act, to other civil
liabilities, as provided by this chapter:
(1)
Such persons shall obtain and preserve
all
accounts, bills, r.eceipts,
376
]
DISCLOSURE--CAMPAIGN FINANCES--LOBBYING--RECORDS
42.17.240
--------------------------------------------------------------------------------------the amount of each debt owed to each
creditor as of the date of filing; the
terms of repayment of each such debt; and
the security given, if any, for each such
debt: PROVIDED, That debts arising out of
a
"retail installment transaction" as
defined in chapter 63.14 RCW
(Retail
Installment Sales Act) need not be reported; and
(d)
Every public or private office,
directorship and position as trustee held;
and
(e)
All persons for
whom actual or
proposed legislation,
rules, rates, or
standards has been prepared, promoted, or
opposed for current or deferred compensation; the description of such actual or
proposed
legislation, rules, rates or
standards; and the amount of current or
deferred compensation paid or promised to
be paid; and
(f)
The name and address of each governmental entity, corporation,
partnership,
joint venture, sole proprietorship,
association, union, or other business or
commercial entity from whom compensation
has been received in any form of a total
value of five hundred dollars or more; the
value of such compensation; and the consideration given or performed in exchange
for such compensation; and
(g)
The name of any corporation, partnership, joint venture, association, union
or other entity in which is held any
office, directorship or any general partnership interest, or an ownership interest
of ten percent or more; the name or title
of that office, directorship or partnership; the nature of ownership interest;
and with respect to each such entity the
name of each governmental entity, corporation, partnership,
joint venture, sole
proprietorship, association, union or other business or commercial entity from
which such entity has received compensation in any form in the amount of five
hundred dollars or more during the preceding twelve months and the consideration
given or performed in exchange for such
compensation; and
{h)
A list,
including legal descriptions,
of all real property in the state
of Washington, the assessed valuation of
which exceeds two thousand five hundred
dollars in which any direct financial
interest was acquired during the preceding
calendar year,
and a statement of the
amount and nature of the financial int9rest and of the consideration given in
exchange for such interest; and
(i)
A list, including legal descriptions, of all real property in the state
of washington, the assessed valuation of
which exceeds two thousand five hundred
dollars in which any direct financial
interest was divested during the preceding
calendar year,
and a statement of the
amount and nature of the consideration
received in exchange for such interest,
and the name and address of the person
furnishing such consideration; and
books, papers, and documents necessary to
substantiate the financial reports required to be made under this chapter for a
period of at least six years from the date
of the filing of the statement containing
such items, which accounts,
bills, receipts, books, papers and documents shall
be made available for inspection by the
commission at any time: PROVIDED, That if
a lobbyist is required under the terms of
his employment contract to turn any re•
cords over to his employer, responsibility
for the preservation of such records under
this
subsection shall rest with such
employer.
(2)
In addition, a person required to
register as a lobbyist shall not:
(a)
Engage in any activity as a lobbyist before registering as such;
(b)
Knowingly deceive or attempt to
deceive any legislator as to any fact
pertaining to any pending or proposed
legislation;
(c)
cause or influence the introduction
of any bill or amendment thereto for the
purpose of thereafter being employed to
secure its defeat;
{d)
Knowingly represent an interest adverse to any of his employers without
first obtaining such employer's written
consent thereto after full disclosure to
such employer of such adverse interest;
(e)
Exercise any undue influence, extortion, or unlawful retaliation upon any
legislator by reason of such legislator's
position with respect to, or his vote
upon, any pending or proposed legislation.
[1973 c 1 § 23 (Initiative Measure No. 276
§ 23) • ]
REPORTING OF ELECTED OFFICIALS
FINANCIAL AFFAIRS
42.17.24C
ELECTED OFFICIALS REPORTS OF
fiNANCI!1 AffAIR~~-- (1)---Every--ei~ted
of~icial (except president, vice president
and precinct committeemen)
shall on or
before January 31st of each year, and
every candidate (except for the offices of
president, vice president and precinct
committeeman) shall, within two weeks of
becoming a candidate, file with the commission a written statement sworn as to
its truth and accuracy stating for himself
and his immediate family for the preceding
twelve months:
(a)
Occupation, name of employer, and
business address; and
(b)
Each direct financial interest in
excess of five thousand dollars in a bank
or savings account or cash surrender value
of any insurance policy; each other direct
financial interest in excess of
five
hundred dollars; and the name, address,
nature of entity, nature and value of each
such direct financial interest; and
(c)
The name and address of each creditor to whom the value of five hundred
dollars or more was owed; the original
amount of each debt to each such creditor;
1973 RCW SUPP.
[
377
]
42. 17.240
PUBLIC OFFICERS AND AGENCIES
-------------------------------------------------------------------------------------(j)
A list, including legal descriptions, of all real property in the state
of Washington, the assessed valuation of
which exceeds two thousand five hundred
dollars in which a direct financial interest was held: PROVIDED, That if a description of such property has been included in
a report previously filed, such property
may be listed, for
purposes of
this
provision, by reference to such previously
filed report;
(k)
A list, including legal descriptions, of all real property in the state
of Washington, the assessed valuation of
which exceeds five thousand dollars, in
which a corporation,
partnership, firm,
enterprise or other entity had a direct
financial interest, in which corporation,
partnership,
firm or enterprise a ten
percent or greater ownership interest was
held; and
(l)
Such other information as the commission may deem necessary in order to
properly carry out ~he purposes and policies of this chapter,
as the commission
shall by rule prescribe.
(2)
Where afi amount is required to be
reported under subsection (1), paragraphs
(a) through (k) of this section, it shall
be sufficient to comply with such requirement to report whether the amount is less
than one thousand dollars, at least one
thousand dollars but less than five thousand
dollars,
at least five thousand
dollars but less than ten thousand dollars, at least ten thousand dollars but
less than tw~nty-five thousand dollars, or
twenty-five thousand dollars or more. An
amount of stock may be reported by number
of shares instead of by market value.
No
provision of this subsection shall be
interpreted to prevent any person from
filing more information or more detailed
information than required.
(~)
Elected officials and candidates
reporting under this section shall not be
required to file the statements required
to be filed with the secretary of state
under RCW 42.21.060.
[1973 c
1 § 24
(Initiative Measure No. 276 § 24). 1
PUBLIC RECORDS
42.17.250
QYII IQ PU~LISli PR~~URES~
Each state agency shall separately
state
and
currently
publish in the
washington Administrative Code and each
local agency shall prominently display and
make available for inspection and copying
at
the central office of such local
agency, for guidance of the public:
(a)
Descriptions of its central and
field organization and the established
places at which, the employees from whom,
and the methods whereby, the public may
obtain information, make submittals or
requests, or obtain copies of
agency
decisions;
(b)
Statements of the general course
and method by which its operations are
( 1)
[
channeled and determined,
including the
nature and requirements of all formal and
informal procedures available;
(c)
Rules of procedure;
(d)
Substantive rules of general applicability adopted as authorized by law, and
staLements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(e)
Each amendment or revision to, or
repeal of any of the foregoing.
(2)
Except to the extent that he has
actual and timely notice of the terms
thereof, a person may not in any manner be
required to resort to, or be adversely
affected by,
a matter required to be
published or displayed and not so published or displayed.
[ 1973 c 1 § 25
(Initiative Measure No. 276 § 25). ]
42. 17. 260
12QCUME!!TS !ND INDI;Z~.§ TO .!;l£;
MADE PUBLIC.
(1)
Each agency, in accordance--with- published rules, shall make
available for public inspection and copying all public records.
To the extent
required to prevent an unreasonable invasion of personal privacy, an agency shall
delete identifying details when it makes
available or publishes any public record;
however, in each case,
the justification
for the deletion shall be explained fully
in writing.
(2)
Each agency shall maintain and make
available for public inspection and copying a current index providing identifying
information as to the following records
issued, adopted, or promulgated after June
30, 1972:
(a)
Final op1.n1.ons, including concurring and dissenting opinions, as well as
orders, made in the adjudication of cases;
(b)
Those statements of policy and interpretations of policy, statute and the
Constitution which have been adopted by
the agency;
(c)
Administrative staff manuals and
instructions to staff that affect a member
of the public;
(d)
Planning policies and goals, and
interim and final planning decisions;
(e)
Factual staff reports and studies,
factual consultant's reports and studies,
scientific reports and studies, and any
other factual information derived from
tests, studies, reports or surveys, whether conducted by public employees or others; and
(f)
Correspondence, and materials referred to there~n, by and with the agency
relating to any regulatory, supervisory or
enforcement responsibilities of the agency, whereby the agency determines, or
opines upon, or is asked to determine or
opine upon, the rights of the state, the
public, a subdivision of state government,
or of any private party.
(3)
An agency need not maintain such an
index, if to do so would be
unduly
burdensome, but it shall in that event:
(a)
Issue and publish a formal order
specifying the reasons why and the extent
378 ]
42.17.310
DISCLOSURE--CAMPAIGN FINANCES--LOBBYING--RECORDS
--------------------------------------------------------------------------------------42.17.300
CHARGES FOR COPYING.
No fee
shall be charg;d-'for-theinspection of
public records.
Agencies may impose a
reasonable charge for providing copies of
public records and for the use by any
person of agency ~guipment to copy public
records, which charges shall not exceed
the amount necessary to reimburse the
agency for its actual costs incident to
such copying.
[1973 c 1 § 30 (Initiative
Measure No. 276 § 30).]
to which compliance would unduly burden or
interfere with agency operations; and
(b)
Make available for public inspection and copying all indexes maintained
for agency use.
(4)
A public record may be relied on,
used, or cited as precedent by an agency
against a party other than an agency and
it may be invoked by the agency for any
other purpose only if-(a)
It has been indexed in an index
available to the public; or
(b)
Parties affected have timely notice
(actual or constructive)
of the terms
thereof.
(5) This chapter shall not be construed
as giving authority to any agency to give,
sell or provide access to lists of individuals requested for commercial purposes,
and
agencies shall not do so unless
specifically authorized or directed by
law.
(1973 c 1 § 26 (Initiative Measure
No. 276 § 26) • ]
42.17.280
!In~~
fOR J!~f~CTIO~ AN~
COPYING.
Public records shall be available-for inspection and copying during the
customary office hours of the agency:
PROVIDED, That if the agency does not have
customary office hours of at least thirty
hours per week, the public records shall
be available from nine o'clock a.m.
to
noon and from one o'clock p.m. to four
o'clock p.m. Monday through Friday, excluding legal holidays, unless the person
making the reguest and the agency or its
representative agree on a different time.
[1973 c 1 § 28 (Initiative Measure No. 276
§ 28) • ] -
42.17.290
PROTECTION
OF fUBLIC RE=
f~~ Agencie;-shall-adop~ and enforce
reasonable rules and regulations, consonant with the intent of this chapter to
provide full public access to official
records, to protect public records from
damage or disorganization, and to prevent
excessive interference with other essential functions of the agency.
such rules
and regulations shall provide for the
fullest assistance to inquirers and the
most timely possible action on requests
for information.
(1973 c 1 § 29 (Initiative Measure No. 276 § 29) .]
(
f~SSONA~
!Ng
Q!li~li
The following shall
public inspection and
be
exempt from
copying:
(a) Personal information in any files
maintained for students in public schools,
patients or clients of public institutions
or public health agencies, welfare recipients, prisoners, probationers or parolees.
(b)
Personal information in files maintained
for
employees,
appointees or
elected officials of any public agency to
the extent that disclosure would violate
their right to privacy.
(c)
Information required of any taxpayer in connection with the assessment or
collection of any tax if the disclosure of
the information to other persons would
violate the taxpayer's right to privacy or
would result in unfair competitive disadvantage to such taxpayer.
(d)
Specific intelligence information
and specific investigative files compiled
by investigative,
law enforcement
and
penology
agencies,
and state agencies
vested with the responsibility to discipline
members of any profession, the
nondisclosure of which is essential to
effective
law enforcement or for the
protection of any person's
right
to
privacy.
(e)
Information revealing the identity
of persons who file complaints with investigative,
law enforcement or
penology
agencies, except as the complainant may
authorize.
(f)
Test questions,
scoring keys, and
other examination data used to administer
a
license,
employment
or
academic
examination.
(g)
Except as provided by chapter 8.26
RCW, the contents of real estate appraisals, made for or by any agency relative to
the acquisition of property,
until the
project is abandoned or until such time as
all of the property has been acquired, but
in no event shall disclosure be denied for
more than three years after the appraisal.
(h)
Valuable formulae,
designs, drawings and research data obtained by any
ageLcy within five years of the request
for disclosure when disclosure would produce private gain and public loss.
(i)
Preliminary drafts,
notes,
recommendations,
and intra-agency memorandums
in which opinions are expressed or policies formulated or recommended except that
a specific record shall not be exempt when
42.17.270
I!£11!IJ~~
fQS
COPYING~
Public records shall be available to any
person for inspection and copying, and
agencies shall, upon reguest for identifiable records, make them promptly available
to any person. Agency facilities shall be
made available to any person for the
copying of public records except when and
to the extent that this would unreasonably
disrupt the operations of the agency.
(1973 c 1 § 27 (Initiative Measure No. 276
§ 2 7) • ]
1973 RCW SUPP.
~B!AIN
~!EME1~
(1)
42.17.310
li[fQRDS
379
]
42.17.310
PUBLIC OFFICERS AND AGENCIES
------------------------------------------------------------------------------------publicly cited by an agency in connection
with any agency action.
(j)
Records which are relevant to a
coLtroversy to which an agency is a party
but which reccrds would not be available
to
another party under the rules of
pretrial discovery for causes pending in
the superior courts.
(2)
The exemptions of this
section
shall be inapplicable to the ext€nt that
information, the disclosure of which would
violate personal privacy or vital governmental interests, can be deleted from the
specific records sought.
No exemption
shall be construed to permit the nondisclosure of statistical information not
descriptive of any readily identifiable
person or persons.
(3)
Inspection or copying of any specific records, exempt under the provisions
of this section, may be permitted if the
superior court in the county in which the
record is maintained finds, after a hearing with notice thereof to every person in
interest and the agency, that the exemption of such records, is clearly unnecessary to protect any individual's right of
privacy
or
any
vital
governmental
function.
(4)
Agency responses refusing, in wholf
or in part, inspection of any record shall
include a statement of the specific exemption authorizing the withholding of the
record
(or part) and a brief explanation
of how the exemption applies to the record
withheld.
(1973 c 1 § 31 (Initiative
Measure No. 276 § 31} • 1
42.17.340
~~A1
~VIEW
Q£ AGENCY
ACTIONS.
(1)
Upon the motion
person having been denied an opportunity
to inspect or copy a public record by an
age~cy, the superior court in
the county
in
which a record is maintained may
require the responsible agency to show
cause why it has refused to allow inspection or copying of a specific record or
class of records.
The burden of proof
shall be on the agency to establish that
refusal to permit public inspection and
copying is required.
(2)
Judicial review- of all agency actions taken or challenged under RCW 42.17.250 through 42.17.320 shall be de novo.
courts shall take into account the policy
of this chapter that free and open examination of public records is in the public
interest, even though such examination may
cause inconvenience or embarrassment to
public officials or others. Courts may
examine any record in camera in
any
proceeding brought under 'this section.
(3)
Any person who prevails against an
agency in any action in the courts seeking
the right to inspect or copy any public
record shall be awarded all costs, including reasonable attorney fees, incurred in
connection vi th such legal action. In
addition, it shall be within the discretion of the court to award such person an
amount not to exceed twenty-five dollars
for each day that he was denied the right
to inspect or copy said public record.
[1973 c 1 § 34 (Initiative Measure No. 276
§ 34} • 1
ofany
ADMINISTRATION AND ENFORCEMENT
42.17.320
FRO]RI ]ESfON~~~ REQUIRED~
Responses to requests for records shall be
made promptly by agencies.
Denials of
requests must be accompanied by a written
statement of the specific reasons therefor.
Agencies shall establish mechanisms
for the mos~ prompt possible review of
decisions denying inspection,
and such
review shall be deemed completed at the
end of the second business day following
the denial of inspection and shall constitute final agency action for the purposes
of judicial review.
(1973 c
1 § 32
(Initiative Measure No. 276 § 32).]
42.17.330
COURT PROTECTION OF RECORDS.
The examination-of-any specific-record may
be enjoined if, upon motion and affidavit,
the superior court for the county in which
the movant resides or in which the record
is maintained, finds that such examination
would clearly not be in the public interest and would substantially and irreparably
damage
any
person,
or
would
substantially and irreparably damage vital
governmental functions.
[1973 c 1 § 33
(Initiative Measure No. 276 § 33).]
42.17.350
RYBLI£
Q1§fLO§UR~
SIQ!f-ESTABLISH~D--11EMBERS.!il~
CO~l~=
There lS
hereby established a "Public Disclosure
Commission" which shall be composed of
five members who shall be appointed by the
governor, with the consent of the senate.
All appointees shall be persons of the
highest integrity and qualifications. No
more than three members shall have an
identification with the same political
party.
The original members shall be
appointed within sixty days after the
effective date of this act. The term of
each member shall be five years except
that the original five members shall serve
initial terms of one, two, three, four and
five years, respectively, as designated by
the governor.
No member of the commission, during his tenure, shall (1) hold or
campaign for elective office;
(2)
be an
officer of any political party or political committee;
(3)
permit his name to be
used, or make contributions, in support of
or in opposition to any candidate or
proposition; (4) participate in any way in
any election campaign; or
(5)
lobby or
employ or assist a lobbyist. No member
shall be eligible for appointment to more
than one full term.
A vacancy on the
commission shall be filled within thirty
[ 380 ]
DISCLOSURE--CAMPAIGN FINANCES--LOBBYING--RECORDS
42.17.380
--------------------------------------------------------------------------------------days of the vacancy by the governor,
with
the consent of the senate, and the appointee shall serve for the remaining term of
his predecessor.
A vacancy shall not
impair the powers of the remaining members
to exercise all of the powers of the
commission. Three members of the commission
shall constitute a quorum.
The
commission shall elect its own chairman
and adopt its own rules of procedure in
the manner provided in chapter 34.04 RCW.
Any
member of the commission may be
removed by the governor,
but only upon
grounds of neglect of duty or misconduct
in office.
Members shall serve without compensation, but shall be reimbursed jor necessary
traveling
and
lodging expenses
actually incurred while engaged in the
business of the commission as provided in
chapter 43.03 RCW.
(1973 c
1 §
35
(Initiative Measure No. 276 § 35).]
~ffg£ii!g g~ig~
See RCW 42.17.900.
42.17.360
COMMISSION--DUTIES.
The
shaii:---------------(1)
Develop and provide forms for the
reports and statements required to be made
under this chapter:
(2)
Prepare and publish a manual setting foith recommended uniform methods of
bookkeeping
and reporting for use by
persons required to
make reports
and
statements under this chapter;
(3)
Compile and maintain a current list
of all filed reports and statements;
(4)
Investigate whether properly completed statements and reports have been
filed within the times required by this
chapter;
(5) Upon complaint or upon its own
motion,
investigate and report apparent
violations of this chapter to the appropriate law enforcement authorities:
(6) Prepare and publish an annual report to the governor as to the effectiveness of this chapter and its enforcement
by appropriate law enforcement authorities; and
(7)
Enforce this chapter according to
the powers granted it by law.
[1973 c 1 §
36 p:nitia1:.ive Measure No. 276 § 36). ]
com~ission
42.17.370
~OMHI~~ION-=~IIONAL
gow=
The commission is empowered to:
(1)
Adopt,
promulgate, amend and rescind suitable administrative rules and
regulations to carry out the policies and
purposes of this chapter;
(2)
Prepare and publish such reports
and technical studies as in its
judgment
will tend to promote the purposes of this
chapter, including reports and statistics
concerning campaign financing, lobbying,
financial interests of elected officials,
and enforcement of this chapter;
(3)
Make from time to time, on its own
motion, audits and field investigations;
~~~
1973 RCW SUPP.
[ 381
(4)
Make public the fact that an alleged or apparent violation has occurred
and the nature thereof;
(5)
Administer oaths and affirmations,
subpoena witnesses, compel their attendance,
take evidence and require the
production of any books,
papers,
correspondence,
memorandums or other records
which the commission deems relevant or
material for the purpose of any investigation authorized under this chapter, or any
other proceeding under this chapter;
(6)
Adopt and promulgate a code of fair
campaign practices;
(7)
Relieve, by published regulation of
general applicability, candidates or political committees of obligations to comply with the provisions of this chapter
relating to election campaigns,
if they
have not received contributions nor made
expenditures in connection with any election campaign of more than one thousand
dollars; and
(8)
Enact regulations prescribing reasonable requirements for keeping accounts
of and reporting on a quarterly basis
costs incurred by state agencies,
counties,
cities and other municipalities and
political subdivisions in preparing,
publishing and distributing legislative information.
The
term
"legislative
information",
for
the purposes of this
subsection, means books,
pamphlets, reports and other materials prepared, published or distributed at substantial cost,
a substantial purpose of which is to
influence the passage or defeat of any
legislation.
The state auditor in his
regular examination of each agency under
chapter 43.09 RC~ shall review such regulations, accounts and reports and make
appropriate findings, comments and recommendations in his examination
reports
concerning those agencies.
(9)
The co~mission, after hearing,
by
order may suspend or modify any of the
reporting requirements hereunder in
a
particular case if it finds that literal
application of this chapter works a
manifestly unreasonable hardship and if it
also finds that such suspension or modification will not frustrate the purposes of
the chapter.
Any such suspension
or
modification shall be only to the extent
necessary to substantially relieve the
hardship.
The commission shall act to
suspend or modify any reporting requirements only if it determines that facts
exist that are clear and convincing proof
of the findings required hereunder.
Any
citizen shall have standing to bring an
action in Thurston county superior court
to contest the gropriety of any order
entered hereunder within one year from the
date of the entry of such order.
(1973 c
1 § 37 (Initiative Measure No. 276 § 37).]
42.17.380
~CRET!RY OF STAI~L !I!OBN~!
GENERAL--DUTIES.
( 1)
The secr.etary of
5tite;~hrough his office, shall perform
such
ministerial functions as may be
]
42.17.380
PUBLIC OFFICERS AND AGENCIES
--------------------------------------------------------------------------------------necessary to enable the commission to
carry out its responsibilities under this
chapter.
The office of the secretary of
state shall be designated as the place
where the public may file papers
or
correspond with the commission and receive
any
form
cr
instruction
from
the
commission.
(2)
The attorr-ey general, through his
office, shall supply such assistance as
the commission may require in order to
carry out its responsibilities under this
chapter.
The commission may employ attorneys who are neither the attorney general
nor an assistant attorney general to carry
out any function of the attorney general
prescribed in this section. (1973 c
1 §
38 (Initiative Measure No. 276 § 38).]
42.17.390
fl!IL
£~]£1]2
AND SANCI~~
(1)
one or more of the -fOllQ;Illg
civil remedies and sanctions may be imposed by court order in addition to any
other remedies provided by law:
(a)
If the court finds that the violation of any provision of this chapter by
any candidate or politic~l committee probably affected the outcome of any election,
the result of said election may be held
void and a special election held within
sixty days of such finding. Any action to
void an election shall be commenced within
~ne year of the date of
the election in
question. It is intended that this remedy
be imposed freely in all appropriate cases
to protect the right of the electorate to
an informed and knowledgeable vote.
(b)
If any lobbyist or sponsor of any
grass roots lobbying campaign violates any
of the provisions of this chapter, his
registration may be revoked or suspended
and he may be enjoined from receiving
compensation or making expenditures for
lobbying: PROVIDED, HOWEVER, That imposition of such sanction shall not excuse
said lobbyist from filing statements and
reports required by this chapter.
(c)
Any person who violates any of the
provisions of this chapter may be subject
to a civil penalty of not more than ten
thousand dollars for each such violation.
(d)
Any person who fails to file a
properly comfleted statement or report
within the time required by this chapter
may be subject to a civil penalty of ten
dollars per day for each day each such
delinquency continues.
(e)
Any person who fails to report a
contribution or expenditure may be subject
to a civil penalty equivalent to the
amount he failed to report.
(f)
The court may enjoin any person to
prevent the doing of any act
herein
prohibited, or to compel the performance
of any act required herein. (1973 c
1 §
39 (Initiative Measure No. 276 § 39) • ]
42 .11. 400
ENEQRCEMENL_
(1)
The attorney general and the prosecuting authorities of political subdivisions of this
state may bring civil actions in the name
of the state for any appropriate civil
remedy, including but not limited to the
special
remedies
provided
in
RCii
42.17.390.
(2)
The attorney general and the prosecuting authorities of political subdivisions of this state may investigate or
cause to be investigated the ac~ivities of
any person who there is reason to believe
is or has been acting in violation of this
chapter, and may require any such person
or any other person reasonably believed to
have information concerning the activities
of such person to appear at a time and
place designated in the county in which
such person resides or is found, to give
such information under oat~ and to produce
all
accounts,
bills, receipts,
books,
papers, and documents which may be relevant or material to any investigation
authorized under this chapter.
(3)
When the attorney general or the
prosecuting authority of any political
subdivision of this state requires the
attendance of any person to obtain such
information
or the production of the
accounts, bills, receipts, books, papers,
and documents which may be relevant or
material to any investigation authorized
under this chapter, he shall issue an
order setting forth the time when and the
place where attendance is required and
shall cause the same to be delivered to or
sent by registered mail to the person at
least fourteen days before the d~te fixed
for attendance.
such order shall have the
same force and effect as a subpoena, shall
be effective state-wide, and, upon application of the attorney general or said
prosecuting authority, obedience to the
order may be enforced by any superior
court judge in the county where the person
receiving it resides or is found,
in the
same manner as though the order were a
subpoena. The court, after hearing, for
good cause,
and upon application of any
person aggrieved by the order, shall have
the right to alter, amend, revise, suspend, or postpone all or any part of its
provisions.
In any case where the order
is not enforced by the court according. to
its terms, the reasons for the court's
actions shall be clearly stated in writing,
and such action shall be subject to
review by the appellate courts by certiorari or other appropriate proceeding.
(4)
Any person who has notified the
attorney general in writing that there is
reason to believe that some prov1s1on of
this chapter is being or has been violated
may himself bring in the name of the state
any of the actions (hereinafter referred
to as a citizen's action) authorized under
this chapter if the attorney general has
failed to commence an action hereunder
within forty days after such notice and if
the attorney general has failed to commence an action within ten days after a
[ 382 ]
DISCLOSURE--CAMPAIGN FINANCES--LOBBYING--RECORDS
42.17.940
--------------------------------------------------------------------------------------notice in writing delivered to the attorney general advising him that a citizen's
action will be brought if the attorney
general does not bring an action. If the
person who brings the citizen's action
prevails, he shall be entitled to one-half
of any judgment awarded, and to the extent
the costs and attorney's fees he has
incurred exceed his share of the judgment,
he shall be entitled to be reimbursed for
such costs and fees by the state of
washington:
PROVIDED, That in the case of
a citizen's action which is dismissed and
which the court also finds was brought
without reasonable cause, the court may
order the person commencing the action to
pay all costs of trial and reasonable
attorney's fees incurred by the defendant.
(5)
In any action brought under this
section, the court may award to the state
all costs of investigation and trial,
including a reasonable attorney's fee to
be fixed by the court.
If the violation
is found to have been intentional, the
amount of the judgment,
which shall for
this purpose include the costs, may be
trebled as punitive damages.
If damages
or treble damages are awarded in such an
action brought against a lobbyist, the
judgment may te awarded against the lobbyist, and the lobbyist's employer or employers
joined as defendants,
jointly,
severally, or both.
If the defendant
prevails, he shall be awarded all costs of
trial, and may be awarded a reasonable
attorney's fee to be fixed by the court to
be paid by the state of washington. [1973
c 1 § 40
(Initiative Measure No. 276 §
42.17.440
~ATEMENl~ !]Q BEPQBI~
Rfl~~
blf BECORQ2~
All statements and reports
tiled under this chapter shall be public
records of the agency where they are
filed, and shall be available for
public
inspection and copying during normal business hours at the expense of the person
requesting
copies,
provided that the
charge for such copies shall not exceed
actual cost to the agency.
[1973 c 1 § 44
(Initiative Measure No. 276 § 44).]
42.17.450
QgTY TO ~B~SERV~ ~I~TEME!I~
AND REPORTS.
Persons with whom statements
or- reports- or copies of statements or
reports are required to be filed under
this chapter shall preserve them for not
less than six years.
The commission,
however, shall preserve such statements or
reports for not less than ten years.
[1973 c 1 § 45 (Initiative Measure No. 276
§ 45). 1
42.17.900
EFFECTIVE DATE.
The effective date of this act-~halr-be January 1,
1973.
[1973 c 1 § 49 (Initiative Measure
No. 276 § 49).)
42.17.910
SE!~li~BILITY~
If any provision of this act or its application to any
person or circumstance is held invalid,
the remainder of the act, or the application of the provision to other persons or
circumstances is not affected. [1973 c
1
§ 46 (Initiative Measure No. 276 § 46) .]
4 0) • ]
42.17.410
LIMITATlQ] Q] ~£11Q]~~
Any
action brought under the provisions of
this chapter must be commenced within six
years after the date when the violation
occurred. [1973 c
1 § 41
(Initiative
Measure No. 276 § 41) • ]
DAT~
OF MAILING DEEMED DATE
When any-appli~~ti;~:-r~port:
statement, notice, or payment required to
be made under the provisions of this
chapter has been deposited postpaid in the
United States mail properly addressed, it
shall be deemed to have been received on
the date of mailing. It shall be presumed
that the date shown by the post office
cancellation mark on the envelope is the
date of mailing.
(1973 c 1 § 42 (Initiative Measure No. 276 § 42).]
42.17.920
CONSTRUCTION~
The provisions of this act are to be liberally
construed to effectuate the policies and
purposes of this act.
In the event of
conflict between the provisions of this
act and any other act, the provisions of
this act shall govern.
[1973 c 1 § 47
(Initiative Measure No. 276 § 47).]
42.17.420
Qf RE£~lfi~
42.17.430
£ERIIFI£~TIQ]
Qf REfORT~~
Every report and statement required to be
filed under this chapter shall identify
the person preparing it, and shall be
certified as complete and correct, both by
the person preparing it and by the person
on whose behalf it is filed.
(1973 c 1 §
43 (Initiative Measure No. 276 § 43).]
1973 RCW SUPP.
42.17.930
CHAPTERL
~ECTION
HEADili~~
NOT PART OF LA~
Chapter and section
captions or headings as used in this ac~
do not constitute any part of the law.
[1973 c 1 § 48 (Initiative Measure No. 276
§ 48) • ]
42.17.940
REPEALER. Chapter 9 1 Laws
of 1965, as amended~y section 9, chapter
150, Laws of 1965 ex.
sess.,
and RCW
29.18. 140; and chapter 131, Laws of 1967
ex. sess. and RCW 44.64; and chapter 82,
Laws of 1972 (42nd Leg. 2nd Ex. Sess.) and
Referendum Bill No. 24; and chapter 98,
Laws of 1972 (42nd Leg. 2nd Ex. Sess.) and
Referendum Bill No.
25 are each hereby
repealed.
[1973 c
1 § 50 (Initiative
Measure No. 276 § 50).]
( 383 ]
Ch. 42.18
PUBLIC OFFICERS AND AGENCIES
not exceeding three times the economic
value of anything which has been given,
transferred, or delivered in violation of
RCW 42.18.23C; and
(2) any damages sustained by the state which are caused by
the conduct constituting the violation.
[1973 c 137 § 3; 1969 ex.s. c 234 § 30.)
Chapter 42. 18
EXECUTIVR CONFLICT OF INTEREST ACT
42.18.130
STATE EMPLOYEE.
"State employee" means--any individual who is appointed by an agency head, as defined in
RCW 42.18.040, or his designee, and serves
under the supervision and authority of an
agency as defined in RCW 42.18.030.
Notwithstanding the foregoing, the term
"state em~loyee" shall not include any of
the following:
(1)
Officers and employees in the legislative and judicial branches of the
state of Washington; and
(2)
A reserve of the Washington na~ion­
al guard, when he is not on active duty
and is not otherwise a state employee.
An individual shall not be deemed an
employee solely by reason of his being
subject to recall to active service.
Every state employee shall be deemed
either
"intermittent" or "regular" as
determined by the definitions contained in
RCW 42.18.070 and 42.18.100 respectively.
The term "state employee" also includes
any member of a commission, board, committee or any other multi-memb~r governing
body of an agency.
[1973 c 137 § 1; 1969
ex.s. c 234 § 13.)
42.18.340
GENERAL
PENALTY.
(1969
ex.s. c 234 § 39:]--Repearea-by-1973 c 137
§ 4.
Chapter 42.28
NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS
42.28.080
DEPOSIT Qf
REfQ~Q~
W!Ttl
COUNTY Q&Bli.!..-(1890 p 475 § 7; RRS §
9906.
Prior: Code 1881 § 2621; 1877 p
254 § 8; 1~73 p 469 § 9; 1854 p 444 § 3.]
Repealed by 1973 1st ex.s. c 84 § 1.
Chapter 42.30
'OPEN PUBLIC MEETINGS ACT
42.30.070
II~~~
!ND PLACES IQS ME~1:
I NQ~:=.£!11 ERGE,!!.f IE"$-=l! XCEETI ON.:. The govern ..
ing body of a public agency shall provide
the time for holding regular meetings by
ordinance, resolution, bylaws, or by whatever other rule is required for
the
conduct of business by that body. Unless
otherwise provided for in the act under
which the public agency was formed, meetings of the governing body need not be
held within the boundaries of the territory over which the public agency exercises
jurisdiction.
If at any time any regular
meeting falls on a holiday, such regular
meeting shall be held on the next business
day. If by reason of fire, flood,
earthquake,
or other emergency, it shall be
unsafe to meet in the place designated,
the meetings may be held for the duration
of the emergency at such place as is
designated by the presiding officer of the
governing body:
PROVIDED, That the notice
requirements of this chapter shall be
suspended during such emergency. It shall
not be a violation of the requirements of
this chapter for a majority of the members
of a governing body to travel together or
gather for purposes other than a regular
meeting or a special meeting as these
terms are used in this chapter: PROVIDED,
That they take no action as defined in
th:i.s chapter. ( 1973 c 66 § 1; 1971 ex.s.
c 250 § 7. J
42.18.290
~IV11 !£IIO~ A2!l~~I ~]~
!IOLATIE§ Ili!§ fHAfi~~
The
attorney
general of the state of Washington may
bring a civil action in the superior court
of the county in which the violation was
alleged to have occurred against any state
employee, former state employee or other
person who shall have violated or knowingly assisted any other person in violating
any provision of this chapter and in such
action may recover the following damages
on behalf of the state of Washington:
{1)
From each such person a civil penalty of
either five hundred dollars or an amount
not exceeding three times the amount of
the economic value of anything received or
sought in violation of *this 1973 amendatory act; and (2) any damages sustained by
the state, which are caused by the conduct
constituting the violation. [1973 c 137 §
2; 1969 ex.s. c 234 § 29.]
~Revi2~r.!.2 l!Qte.,;.
"this 1973 amendatory
act" [1973 c 137] consists of the 1973 c
137 amendments to RCW 42.18.130, 42.18.290, and 42.18.300 and the repeal of RCW
42.18.340.
42.18.300
CIVIL !~IO~ AG!l~ST OTHE]
VIOLATORS.
The attorney general of the
state-of--Washington may bring a civil
actirrn in the superior court of Thurston
county against any person who shall violate RCW 42.18.230.
In such action the
attorney general shall be awarded the
following
damages
for
the state of
washington:
(1)
A civil
penalty
of
either one thousand dollars or an amount
[
42. 30. 110
EXECUTIV~ SES~IONS.!.
Nothing
contained in this chapter shall be construed to prevent a governing body from
holding executive sessions during a regular or special meeting to consider matters
affecting national security; the selection
of a site or the acqu.isition of real
384
]
TITLE 43
DIGEST OF TITLE
--------------------------------------------------------------------------------------estate by lease or purchase, when publicity
regarding such consideration would
cause a likelihood of increased price; the
appointment, employment, or dismissal of a
public officer or employee; or to hear
complaints or charges brought against such
officer or employee by another public
officer,
person, or employee unless such
officer or employee requests a public
hearing.
The governing body also may
exclude from any such public meeting or
executive session, during the examination
of a witness on any such matter, any or
all other witnesses in the matter being
investigated by the governing body. [1973
c 66 § 2; 1971 ex.s. c 250 § 11.]
course of any collective bargaining,
professional negotiations, grievance or mediation proceedings,
or
reviewing
the
proposals made in such negotiations or
proceedings while in progress. [1973 c 66
§ 4; 1971 ex.s. c 250 § 14.)
TITLE 4 3
ST.ATE GOVERNMENT-EXECUTIVE
Sections added, amended, or repealed:
Q!~:t.g_£
4 3 &.1
43.01.090
VIOLATION5-=R!RSON!b LIABib=
Each member of the governing body who attends a m_eeting of such
governing body where action is taken in
violation of any provision of this chapter
applicable to him, with knowledge of the
fact that the meeting is in violation
thereof, shall be subject to pers9nal
liability in the form of a civil penalty
in the amount of one hundred dollars.
The
civil penalty shall be assessed by a judge
of the superior court and an action to
enforce this penalty may be brought by any
person.
A violation of this chapter does
not constitute a crime and assessment of
the civil penalty by a judge shall not
give rise to any disability or legal
disadvantage based on conviction of a
criminal offense. [1973 c 66 § 3;
1971
ex.s. c 250 § 12.)
~:t.a~ Qti.i£!rr§:::-~g_n.tl:a1
R~iei2M~
Certain departments to pay
housing costs.
42.30.120
ITY==~HA1TY~
Chgli_g£ 43.:-QJ
43.03.010
ch.s.£1g_£
43.06.140
43.06.280
43.07.130
43.07.140
42.30.140
~tl!giER
COliTROL~IliQ==!PPLI=
If any provision of this chapter
conflicts with the provisions of any other
statute, the provisions of this chapter
shall control:
PROVIDED, That this chapter shall not apply to:
(1)
The proceedings concerned with the
formal issuance of an order granting,
suspending, revoking,
or denying any license, permit, or certificate to engage in
any business, occupation or profession or
to any disciplinary proceedings involving
a member of such business, occupation or
profession, or to receive a license for a
sports activity or to operate any mechanical device or motor vehicle where
a
license or registration is necessary; or
{2)
That portion of a meeting of a
quasi-judicial body which relates to a
quasi-judicial matter between named parties as distinguished from a matter having
general effect on the public or on a class
or group; or
{3)
Matters governed by Title 34 RCW,
the administrative procedure act, except
as expressly provided in RCW 34.04.025; or
(4)
That portion of a meeting during
which the governing body is planning or
adopting the strategy or position to be
taken by such governing body during the
Salaries of elective state
officers.
~.hQQ
43.06.130
~slgie§. ~g Dpen~_g§.~
Q.Q!g.!lQf~
Federal funds and programs-Payment of expenses of committees, councils or other bodies.
Federal funds and programs--Reports to legislature.
Electric power use--Emergency
curtailment, allocation.
Secretary of state's revolving
fund--Publication fees authorized, disposition.
Materials specifically authorized to be printed and
distributed.
~!IIOM~
1973 RCW SUPP.
( 385
ChaQtef
~.h.Q§.
43.C8.12C
43.08.190
43.08.200
43.10.010
43.10.115
43.10.120
43.10.125
43.10.130
fh.a.E:t._gf
~tate !f_gg§.~~
Assistant--Deputies--Responsibility for acts.
State treasurer's service
fund--Creation--Purpose.
State treasurer's service
fund--Expenditure limitation.
Qualifications--Oath~Bond.
Private practice of law--Attorney general--Prohibited.
Private practice of law--Deputies and assistants-Prohibited.
Private practice of law--Special assistant attorney
generals.
Private practice of law-Exceptions.
~1~.12
Q§.Egtmeg__i of 2~f.a1 Ad-
nnistgtiQ!!~
43.19.1925 Combined purchases of commonly
used items--Advance payments by
J
TITLE 43
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------------------------------------------------43.19.510
Cpapter
state agencies--costs of operating central stores.
Forms management center--Established--Powers and duties.
~].21A
43.21D.910 Severability--1973 2nd tx.s. c
29.
Departmgg1 of Ecology.
43.22.010
43.21A.C65 Determination as to whether
item of property forming part
of industrial, etc. building is
a pollution control facility.
43.21A.4C5 Marine pollution--Baseline
study program--Legislative
finding and declaration.
43.21A.410 Marine pollution--Baseline
study program established--Utilization of related programs-Coordination--Contracts.
43.21A.415 Marine pollution--Baseline
study program--Scope of data
base produced.
43.21A.420 Marine pollution--Baseline
study program--Priority
factors.
~ha.J?.t-.ti ~3.21~
.§.ta_u ~ironl!!~.n:ttl .fol_!.:
43.22.040
43.22.050
43.22.120
43.22.130
43.22.140
43.22.150
43.22.160
43.22.170
~
43.21C.070 Establishment of classifications and categories of building permits and acts of
governmental agencies concerning family residences--Exemption from "detailed statement"
requirement.
43.21C.080 Publication of notice of action
by governmental agency pertaini-ng to pri va <.e project--Time
limitation for commencing challenge to action.
43.21C.090 Decision of governmental agency
to be accorded substantial
weight.
~ha.£1~
43.22.190
43.22.200
43.22.210
43.22.250
43.22.260
43.22.270
43.22.280
43.22.320
43.22.450
43.22.455
43.21D Electric Power Use--Emer,gepcycurtaili~;t~ ~:!:location~--
43.21D.01C Legislative finding, declaration and intent.
43.21D.020 Definitions.
43.21D.030 Electric emergency curtailment
and/or allocation committee-Created--Members--Compensation-Expenses.
43.21D.040 Powers and duties of committee.
43.21D.050 Powers and duties of governor-Orders--Compliance required-Coordination with programs of
other states.
43.21D.060 Petition for exception or modification of order--Appeals.
43.21D.070 Violations--Penalty--Termination of electric services.
43.21D.C80 Chapter to control in event of
conflict--Exceptions--compliance with other laws.
43.21D.900 Expiration of chapter.
43.21D.905 Liberal construction.
43.22.465
43.22.475
Divisions of departmentPersonnel.
Supervisor of industrial safety
and health--Appointment-Personnel.
Powers and duties.
Division of mining safety--Composition--Chief mine inspector
in charge.
Appointment of mining board~
Qualifications--Oath-Compensation.
Examinations for mine
inspectors.
Exception for those passing
first class certificate
examination.
Applications tor examination-Affidavit.
Examinations at state capital-Appointment of chief and deputy
inspectors.
Salaries and expenses of inspectors--Oath--Duties.
Right of entry to inspect.
Frequency of inspections--Compelling access--Investigations.
Annual reports.
supervisor of industrial relations--Appointment--Personnel.
Powers and duties.
Industrial welfare committee.
Joint hearings--Appeals.
Factory built housing and commercial structures, regulating
installation of--Definitions.
Factory built housing and co!llmercial structures, regulating
installation of--Housing must
be approved, have department
insignia--Significance of insignia--Modification of housing
during installation must be
approved.
Factory built housing and commercial structures, regulating
installation of--Injunctive
process, procedure.
Factory built housing and commercial structures, regulating
installation of--Advisory
board~Members--Appointment-­
43.22.480
43.22.485
( 386 ]
Qualification--Duties--Per diem
and travel reimbursement.
Factory built housing and commercial structures, regulating
installation of--Rules and regulations--Enforcement--Scope-Standards--Fees for administration and enforcement.
Factory built housing and commercial structures, regulating
installation of--Recognizing
DIGEST OF TITLE
TITLE 43
--------------------------~-----------------------------------------------------------
43.37.910
out-of-state standards, enforcement, as department
approved.
£hapj;~
.!li&..J.J
Final!£~ .£21!!.!!!ll!~~=-Inv~
l!!ent .M.vi§2il £21!!1!!ll!~~.:.
43.33.050
43.33.060
43.33.070
43.33.080
43.33.090
43.33.100
Investment advisory committee-created--Membership--Vacancies--Meetings--Per diem-Expenses.
Investment advisory committee-Liability of members.
Investment advisory committee-Powers and duties.
Investment advisory committee-Review of state finance committee's investment transactions-Reports.
Investment advisory committee-Examination of accounts, files
and records.
Authorized investments for
state finance committee, boards
and trustees--Power of trustees
of funds to authorize state
finance committee to make investments, etc.
Effective date--1973 c 64.
43.43.020
43.43.040
43,43.120
Appointment of personnel.
Disability of patrol officers.
Patrol retirement system-Definitions.
Retirement fund--Expenses--Contributions by state.
Benefits.
Annuities.
Repayment of contributions on
death or termination of employment--Election to receive reduced retirement allowance at
age fifty-five.
Convicted persons, fingerprinting required, records--Furloughs, information to section,
notice to local agencies--Arrests, disposition information--convicts, information to
section, notice to local
agencies.
Crime intelligence unit-created.
"Organized crime" defined.
Powers and duties of crime intelligence unit.
Divulging investigative information prohibited--confi~enti­
ality--Security of records and
files.
organized crime intelligence
advisory board--Created--Membership--Meetings--Per diem.
organized crime intelligence
advisory board--Terms of
members.
organized crime intelligence
advisory board--Powers and
duties.
Information to be furnished
board--Security-Confidentiality.
Severability--1973 1st ex.s. c
202.
43.43.220
43.43.260
43.43.270
43.43.280
43.43.745
43.43.850
43.43.852
43.43.854
43.43.856
43.37.010
43.37.020
43.37.030
43.37.040
43.37.05C
43.37.060
43.37.070
43.37.080
43.37.090
43.37.100
43.37.110
43.37.120
43.37.140
43.37.150
43.37.160
43.37.170
43.37.180
43.37. 190
43.37.900
Definitions.
Board established--Composition,
appointment, qualifications,
compensation, quorum.
Powers and duties.
Promotion of research and development activities--Contracts
and agreements.
Hearing procedure.
Acceptance of gifts, donations,
etc.
staff services, materials, office space--Expenses.
License and permit required.
Exemptions.
Licenses--Requirements, duration, renewal, fees.
Permits--Requirements--Hearing
as to issuance.
Separate permit for each operation~Filing and publishing notice of intention--Activities
restricted by permit and
notice.
Notice of intention-Publication.
Financial responsibility.
Fees--Sanctions for failure to
pay.
Records and reports--Open to
public examination.
Revocation, suspension, modification of license or permit.
Liability of state denied--Legal rights of private persons
not affected,
Revolving account abolished.
1973 RCW SUPP.
[ 387
43,43.858
43.43.860
43.43.862
43.43.864
43.43.911
Ch,ll,ter ~.J~l f_gks £nd !i~reatiQ.!l .£21!!=.
mis§.i2lli.
YOUTH DEVELOPMENT AND CONSERVATION CORPS
43.51.570
Agreements with private persons
to enroll additional people-Commercial activities prohibited--Authorized
closures
of
area.
43.74.010
43.74.037
Committee created--Members.
Waiver of examination by examining
board
or committee-Effect.
Application to practice.
When chapter does not apply.
Requirements of chapter satisfied by proof medicine
and
43.74.040
43.74.080
43.74.085
]
TITLE 43
STATE GOVERNMENT--EXECUTIVE
------------------------------~--------------------------------------------------------
surgery, osteopathy, or osteopathy
and
surgery applicant
passed other examination.
~.hs.E~ 43.1.2
St_s,t,g ID!ilding
.Indebtill~~ef.!!.!!ill,!).g
!.!!thorll.Y==
Bong
Issu,g~
1I££.!!lll1.Y1.
i.!hl
§..ll~
lll!illi£..9.
~!ll2.£=
43.75.010 through 43.75.190
43.75.200 General obligation bonds--Refunding-Amount--Authority
of
state finance
committee
to
issue.
43.75.205 General obligation bonds--Form,
terms, covenants, etc.--Sale-Redemption.
43.75.210 RCW 43.75.200 to become effective upon effective date of
constitutional amendment.
43.75.215 General obligation bonds--Redemptibn--Enforcement.
43.75.220 Building authority construc~ion
account--Created--Funds.
43.75.225 Rescission of leases and agreements authorized.
43.75.230 Legislature may provide additional means for paying bonds.
43.75.235 Bonds legal
investment
for
state and other public body
funds.
43.75.900 Severability--1973 c 9.
43.75.910 Effective date--1973 c 9.
Ch,S.E~.£ .!b.1.2!
43.11
Pri,ntillil
43.83.110
43.83.112
43.83.114
43.83.116
43.83.118
43.83.120
43.83.122
_snd
~ommill~.:.
43.83.126
43.77.020
43.77.030
~haEter
Public printing for municipal
corporations must be done in
state-Contracts
for out-ofstate work.
.!tl.:..1.2
43.79.250
43.79.260
43.79.270
43.79.280
43.79.282
43.79.360
43.79.415
43.79.420
43.79.421
43.79.422
~~!,g
1973 BOND ISSUE
General obligation bonds-Authorized--Issuance--Payment.
General obligation bonds-Powers and duties of state finance
committee.
General obligation bonds--A~­
ticipation notes--Proceeds.
General obligation bonds-Administration of proceeds from
sale.
General obligation bonds--Payment
from
bond
redemption
fund--Procedure--General obligation of state.
General
obligation
bonds-Charges against state agencies
to reimburse
state
general
fund.
General obligation bonds-Legislature may provide additional
means for payment.
General obligation bonds--Legal
investment for state and other
public bodies.
Severability--1973 1st ex.s. c
217.
chsE~£ 43.~Ja
Bong
~£21g
ChsE,ig.£
~i2E2.§sl Ia£1.liti~2
IS.§~.:.
43.83A.060 Referral
note.)
43.:..1.§ Mlic
.fill.£ in,h
43.78.150
~ha£1g.£
Powers and duties.
Unauthorized
acquisition
of
printing or duplicating equipment prohibited--Exceptions.
ill£.!.
43.79A.010 Purpose.
43.79A.020 Treasurer's
trust fund--Created-Nontreasury trus~ funds
to be placed in--Exceptions .
43.79!.030 Segregation--Withdrawals.
43.79A.040 Management--Income-Distribution.
43.83.124
~~fi
Tr~_s.§.!!g~.§ 'fr..!!§!
to
electorate.
(See
ll.:.~Jg
Wa tq.
]QM 1.§.§~~
43.838.060 Referral to
note.)
electorate.
(See
Fund2.!,
Contingent receipts fund.
Governor
designated
state's
agent.
Duty of department heads.
Duty of governor on approval.
Compliance with RCW 43.79.26043.79.280.
Suspense fund--Transfer of moneys and records.
Federal revenue sharing trust
fund.
Miscellaneous state funds--Moneys transferred to basic state
general fund.
state
Miscellaneous
fundsAbolished.
Miscellaneous state funds-Warrants to be paid from basic
state general fund.
[
£hsE!g£ 43.:..§1~ ~g£,teatign
gQnd !SS,!!_g.:.
43. 83C.060 Referral to
note.)
electorate.
(See
Chs£12.£ 43.83D social and Health Service2
Faci:1Ities ]eng-Issue.-- - - - - 43. 83D. 060 Referral to
note.)
electorate.
(See
:a:
Chs.E!!li: 43 • .§JE .f.!!bl ic Iil.ll.§.E2£!s!i2.!!
proyg.!!!m!!§ g.Qng ~sue.:. (See note.)
f.h.S.Ete,t !!].:..§.!i .Ill!~ tm~.!!!.§
Loap.§.:.
43.84.011
388 )
.sn.9:
.I.n.!,gi!Y.!l.S
Investment of permanent funds.
TITLE 43
DIGEST OF TITLE
------------------------------43.84.031
43.84.110
43.84.150
43.84.160
43.84.170
43.85.010
43,85.030
43.85.040
43.85.060
43.85.150
43.85.170
43.85.241
fhapter
Management of permanent funds-Procedural policies--Limitation
on purchase, sale or exchange
prices for securities.
Interest on loans.
Authorized
investments
for
state finance committee, boards
and trustees--Power of trustees
of funds to authorize state
finance committee to make investments, etc.
Investment counseling fees payable from earnings.
Investment of surplus moneys in
common school fund, agricultural college fund, normal school
fund, scientific school fund or
university fund.
Qualifications
of depositaries--Record
of
commission
proceedings.
Collateral--Segregation.
Approval of finance committee.
Monthly
and
quarterly
statements.
Collateral.
Quarterly statement.
Deposits and rate of interest-Distri.bution of interest credited to deposit interest fund.
~J&-2
43.86.030
43.86.040
43.86.050
43.88.010
43.88.020
43.88.030
43.88.035
43.88.060
43.88.080
43.88.090
43.88.120
43.88.160
43,88.180
STATE PAVILION-BOND ISSUE
43,96B.200 Legislative finding.
43.96B.205 Bond issue--Authorized.
43.96B.210 Bond issue--Issuance and sale
of bonds--Form, terms, conditions, etc.--Authority of state
finance committee.
43.96B.215 Bond
issue~Anticipation
notes--Disposition
of
proceeds--Acquisition of property
1 74
by
Expo
commission
authorized.
43.96B.220 Bond issue--Administration of
proceeds.
43.96B.225 Bond issue--Redemption fund--Payment of bonds.
43.96B.230 Bond issue--Additional means of
payment.
43.96B.235 Bond
issue--Legal investment
for public funds.
43.96B.240 Appropriation.
43,96B.245 Severability--1973 1st ex.s. c
116.
Ch.ru2ter 43 -1Q.2 .12~£ E.!:Q£g§§ing £llQ
nicat!ong ~~.lh
Finding--Objectives.
surplus funds held as demand
deposits to be limited.
Time certificate of deposit investment program--Funds available for--Allocation.
Other
investment
powers of
state treasurer not limited.
Implementation of chapter by
state treasurer.
Purpose--Intent.
Definitions.
Content of the budget document
or documents--Separate budget
document or schedules--Changes.
Changes in accounting methods,
practices or statutes--Explanation
in budget document or
appendix required--Contents.
Legislative review of budget
document and budget bill or
bills.
Adoption of budget.
Development of budget.
Revenue estimates.
Fiscal management--Powers and
duties
of
officers
and
agencies.
When appropria~ions required or
not required.
1973 RCW SUPP.
43.88.901
Federal funds and programs-Participating agencies to notify director of program planning
and fiscal management or chairman of legislative budget committee--Progress reports.
Severability--1973 1st ex.s.
c
100.
~f12lug
Program.
43.86.010
43.86.020
43.88.205
43.105.010
43.105.015
43.105.016
43.105.020
43.105.031
£~.=
Purpose.
Intention.
Legislative intent.
Definitions.
Data processing advisory
com-
~ittee--Composition--Expenses.
43.105.032 Data processing authority--Created--Composition--Expenses.
43.105.040 Powers of governor and budget
director.
43.105.041 Powers and duties of data processing authority.
43.105.043 Tasks to be completed within
specified
time periods--Progress reports by legislative
budget committee.
43.105.045 Executive
director--Responsibility--staff--Salary.
43,105.060 Contracts by state and local
agencies with authority.
43.105.900 Severability--1973 1st ex.s. c
219.
ch.ru2ter 43.1£Q stg,_:t.g
l!!bSSiQfu..
1s!lf!
glan.n.in.g
~!!.=
43.120.010 through 43.120.920
fl:!g.Eter 43.:.1£§.
Gemrraphi£ !S1!!.§2.:.
43.126.010 Purposes.
43.126.020 State
board
on
geographic
names--created--Members-Chairman.
[ 389 ]
TITLE 43
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------------------------------------------------43.126.030 State
hoard
on
geographic
names--Powers and duties.
43.126.040 Policies--Criteria.
43.126.050 Adoption of names--Procedure-Effect.
43.126.060 Meetings--Rules
and
tions--Publication
of
names
adopted.
43.126.070 Expenses of members.
43.126.080 Naming
geographic
features
without
board
approval
prohibited.
~haEtg
.!il.J30 ~£Q11Qmi£ I!!!Eact A£1=£12.§.:
_!ng Qf State f_scilitie.§~
43.130.010 Purpose.
43.130.020 Definitions.
43.130.030 Excluded
employment
and
employees.
43.130.040 Benefits.
43.130.050 Eligibility--Conditions.
43.130.060 Reimbursement of public employees' retirement system.
43.130.900 Severability--1973 2nd ex.s. c
37.
43.130.910 Emergency--Operative
dates-Termination of benefits.
Chapter 43.01
STATE OFFICERS--GENERAL PROVISIONS
43.01.090
fERTAIN Mf!!IT11U!~ !Q PA.X
HOUSING COSTS. The director of general
administration may assess a charge against
each state board, commission,
agency,
office,
department, activity,
or other
occupant or user for payment of a proportion of costs for occupancy of buildings,
structures, or facilities including but
not limited to all cos~s of operating and
maintaining such buildings, structures, or
facjlities and the repair, remodeling, or
furnishing thereof and for the rendering
of
any service or the furnishing or
providing of any supplies, equipment, or
materials.
The director of general administration
may
recover the full costs including
appropriate overhead charges of the foregoing
by billing either quarterly or
semiannually as determined by the director
including but not limited to transfers
upon accounts and advancements into the
general
administration
facilities and
services revolving fund.
Rates shall be
established by the director of general
administration after consultation with the
director of the office of program planning
and fiscal management. The director of
general administration may allot, provide,
or furnish any of such facilities, struc~
tures, services, equipment, supplies, or
materials to any other public service type
occupant or user at such rates or charges
as are equitable and reasonably reflect
the actual costs of the services provided:
PROVIDED, HOWEVER, That the legislature,
its duly constituted committees, interim
committees and other committees shall be
[
exempted from the provisions of
this
section.
Billings shall be adjusted at
intervals of not to exceed six months to
reflect any change in actual costs relative to whatever estimates may have been
made for budget purposes.
Upon receipt of such bill, each entity,
occupant, or user shall cause a warrant or
check in the amount thereof to be drawn in
favor of the department of general administration which shall be deposited in the
state
treasury to the credit of the
general administration
facilities
and
services revolving fund established in RCW
43.19.500 unless the director of
the
office of program planning and fiscal
management has authorized another method
for payment of costs. [1973 1s~ ex.s. c
82 § 1; 1971 ex.s. c 159 § 1; 1965 c 8 §
43.01.090.
Prior:
(i)
1951 c 131 § 1;
1941 c 228 § 1; Rem. Supp. 1941 § 1096430.
(ii) 1951 c 131 § 1; 1941 c 228 § 2;
Rem •. supp. 1941 § 10964-31.]
.U!~!i.Y~ .9.sll==1~11
1£!
§!.:..§~
£
.§l.:.
"This 1973 amendatory act is necessary for
the immediate preservation of the public
peace,
health and safety, the support of
the state government and its existing
public institutions, and shall take effect
July 1, 1973." [1973 1st ex.s. c 82 § 2.]
Chapter 43.C3
SALARIES AND EXPENSES
43.03.010
SA1aBJES Qf ~1tCTIY~ STATE
OFFICERS.
The annual salaries of the
following named state elected officials
shall be: Governor, thirty-four thousand
three hundred dollars;
lieutenant governor,
ten thousand six hundred dollars:
secretary of state, fifteen thousand eight
hundred dollars; stat~ treasurer, fifteen
thousand eight hundred dollars;
state
auditor, seventeen thousand four hundred
dollars;
attorney general,
twenty-four
thousand three hundred dollars; superintendent of public instruction, twentythree thousand seven hundred fifty dollars; commissioner of public lands, twenty-one thousand one hundred dollars; state
insurance commissioner, seventeen thousand
four
hundred dollars;
members o~ the
legislature shall receive for their service three thousand eight hundred dollars
per annum; and in addition, ten cents per
mile for travel to and from legislative
sessions. [Initiative Measure No. 282 §
2;
1967 ex.s. c 100 § 1; 1965 ex.s. c 127
§ 4; 1965 c 8 § 43.03.010.
Prior:
1965 c
1 § 2; 1961 c 5 § 1; 1959 c 316 § 1; 1949
c 48 § 1; Rem.
Supp.
1949 § 10965-1;
prior:
1947 c 79 § .02.04; 1945 c 116 §
1; 1939 c 226 § 1; 1925 ex.s. c 163 § 1;
1925 ex.s. c 90 § 1; 1919 c 124 §§ 1, 2;
1907 c 94 § 1. ]
~~vei,Sbiliii==I~itiat;!~
281:.
390 ]
"If any provision of
.!1~£~
this
act,
fu
or
43.06.140
GOVERNOR
--------------------------------------------------------------------------------------its application to any person or circumstance ~s held invalid, the remaind~r of
the act, or the application of the provision to other persons or circumstances is
not affected." (Initiative Measure No. 282
§ 7. ]
~s1S£ie§ iQ£ EQQli£ Q11i£1gl§ J!§ g£=
,11ears in !.2.Ef:.Qgi,ati,op l&~Li
"NE] SECTION. Sec.
110.
GENERAL FUND
APPROPRIATION TO THE GOVERNOR:
To be allocated by the governor in order to implement
salary increases to enable
the payment of salaries to
the below described elective
executive,
judicial,
and
legislative
officials according to the schedule of
annual salaries prescribed
in this section commencing
January 1, 1974: PROVIDED,
That such increases for legislators shall not take effect until the first date
permitted by the Constitu•
tion of this state ••••••••• $
1,359,059
Schedule of Annual Salaries
Executive Officials
Governor ••••••.••••••• $ 47,300
Lieutenant Governor ••• $ 22,000
Attorney General •••.•• $ 37,950
Superintendent of
Public Instruction •• $ 37,950
Commissioner of Public Lands ••••••••••• $ 33,000
Auditor •••••••.••••••• $ 29,700
Insurance
Coljlmissioner •••••••••••••• $ 29,700
Secretary of State •••• $ 26,400
Treasurer ••••••••••••• $ 26,400
Judicial Officials
Supreme Court ••••••••• $ 38,000
Court of Appeals •••••• $ 35,000
Superior court •••••••• $ 32,000
Full Time
District
court Judges: PROVIDED,
That
no
funds shall be allocated from this
appropriation
to
implement
these
salary increases •••. $ 26,000
Legislative Officials
Legislators ........... $ 10,560"
[1973 1st ex.s. c 137 § 110.]
~al~£ie§ iQI Publi£ Qiii£1£1§ 1!2
§Q Q! !ni1iat1!§ Meas~~g M~ ~82ll
~~§QQ=
"Section 1.
Section 110, chapter 137,
Laws of 1973 1st ex. sess; is amended to
read as follows;
GENERAL FUND
APPROPRIATION
TO
THE
GOVERNOR:
To be allocated by the governor in order to implement
salary increases to enable
the payment of salaries to
the below described elective
executive,
judicial,
and
legislative officials
a9cqrding to the schedule of
1973 RCW SUPP.
[ 391
annual salaries prescribed
in this section commencing
January 1, 1974:
PROVIDED,
That such increases for legislators shall not take effect
until the ~irst date
permitted by the Constitution of this state ••••••••• $
1,359,059
Schedule of Annual Salaries
Executive Officials
Governor •.••••.••••••• $ ( ('+:t;399))
Lieutenant Governor ••. $((%%;999})
Attorney General •••.•. $((3?;959))
Superintendent of
Public Instruction •• $((3:t;959)) ~1Ll2Q
Commissioner of Public Lands ••••••••••. $ ( (33;e99)) l.L.J.QQ
Auditor ••••••••••••••• $ ( (%9;?99)) .lL.~QQ
Insurance
Commissioner •••••••••••••• $ ( (r9;T99))
secretary of State .••• $((%6;'+&9))
Treasurer ••••••••••••• $ ( (%&;1+99))
Judicial Officials
supreme Court ••••••••• $ ( (38;996))
court of Appeals •••••• $ ((35;999))
superior Court ••••.••• $ ( (3%;999} )
Full Time
District
Court Judges: PROVIDED,
That
no
funds shall be allocated from this
appropriation
to
implement
these
salary increases ••• $((%6;999))
l~2Q
Legislative Officials
Legislators .•••••••• $ ( (-19;569))
3 8C0 11
-~(Initiative Measure No. 282 § 1.]
Chapter 43.06
GOVERNOR
Cross References:
Reports to higher education assistance
authority: RCW 288.17.170.
Water pollution control, powers and duties pertaining
to:
RCW
90.48.260,
90.48.262.
43.06.130
ftDERAb_ !:Q.ND.§. !l!Q fliOGfiAM§.=:=
RAYMEN! QK ~XP~M~~.§. OF £Qtltlli!~~§.L £QQ!=
CI~ OR OTHfi ~DI~~
Members of advisory
committees,
councils, or other bodies
established to meet requirements of acts
of congr~ss may be paid actual expenses
incurred for travel,
subsis~ence,
and
lodging pursuant to RCW 43.03.050 and
43.03.060 as now or hereafter amended from
such funds as may be available by legislative appropriation or as may otherwise be
available as provided b7 law. [ 1973 2nd
ex.s. c 17 § 1; 1967 ex.s. c 41 § 2.)
43.06.140
FEDERAL FUNDS AND PROGRAMS-REPORTS TO LEGISLATURE:---No~-later- than
the-~Irst -day-of-any-regular legislative
session, the governor shall submit to the
legislature a report listing federal programs, including those programs in which
funds hav~ been received directly by any
43.06.140
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------------------------------------------------state agency, in which the state has begun
participation since the end of the last
previous regular
legisla~ive
session.
[ 1973 2nd ex.s. c 17 § 2; 1967 ex.s. c 41
§ 3. J
43.06.280
ELECTRIC POWER USE--EMERGEN~I CU!!!!I1MEN!;-!1bOC!IIOlf~- -see-chapter
43.21D RCW.
Chapter 43.07
SECRETARY OF STATE
~~.!!]1!!!1
I!lli~li.Q!!QM
43.07.130
!llli
DISRQ~!l~
Ql
~!!~~~ REVOL!=
FEE~
!~liM!~
There is created within the
state treasury a revolving fund, to be
known as the "secretary of state's revolving fund," which shall be used by the
office of the secretary of state to defray
the costs of printing,
reprinting,
or
distributing printed matter authorized by
law to be issued by the office of secretary of state. The secretary of state is
hereby authorized to charge a fee for such
publications in an amount which
will
compensate for the costs of printing,
reprinting, and distributing such printed
matter.
Fees recovered shall be placed in
the secretary of state's revolving fund.
[1973 1st ex.s. c 85 § 1; 1971 ex.s. c 122
§ 1. ]
MA!ERIAb~
~fECIFI~ALLY
AU=
AND QISID!!!!I.M~
The secretary of state is hereby specifically authorized to print, reprint,
and
distribute the following materials:
(1)
Lists of active co~porations;
(2)
The provisions of Title 23 RCW;
(3)
The provisions of Title 23A RCW;
(4)
The provisions of Title 24 RCW;
(5)
The provisions of Title 29 RCW;
(6)
The provisions of Title 62A RCW;
(7)
The provisions of chapter 18.100
RCW;
(8)
The provisions of chapter 19.77
RCW;
{9)
The provisions of chapter 43.07
RCW;
(10) The proVLSLons of the Washington
state Constitution;
{11) The provisions of Initiative Measure 276 and rules and regulations adopted
by the public disclosure commission; and
(12) Rules and regulations related to
the statutory provisions set forth above.
[1973 1st ex.s. c 85 § 2.]
43.07.140
I!!QRI~,M
IQ !!£!
Gambling revolving fund, treasurer as
custodian: RCW 9.46.100.
Higher education assistance authority,
treasurer may render assistance to: RCW
28B.17.160.
surplus funds,
investment
program:
Chapter 43.86 RCW.
43.08.120
ASSISTANT--DEPUTIES--RESPONSIBILITY FOR ACT~~- The--statetreasurer
;ay--appoi~t an assistant state treasurer,
who shall have the power to perform any
act or duty which may be performed by the
state treasurer, and in case of a vacancy
in the office of state treasurer, perform
the duties of the office until the vacancy
is filled as provided by law.
The state treasurer may appoint no more
than three deputy state treasurers, who
shall have the power to perform any act or
duty which may be performed by the state
treasurer.
The assistant state treasurer and the
deputy state treasurers shall be exempt
from the provisions of chapter 41.06 RCW
and shall hold office at the pleasure of
the state treasurer;
they shall, before
entering upon the duties of their office,
take and subscribe, and file with the
secretary of state, the oath of office
provided by law for other state officers.
The state treasurer shall be responsible
on his official bond for all official acts
of the assistant state treasurer and the
deputy state treasurers. [1973 c 10 § 1;
1971 c 15 § 1:
1965 c 8 § 43.08.120.
Prior:
1921 c 36 § 1; RRS § 11020.]
~]Q
Chapter 43.08
STATE TREASURER
Cross References:
Gambling co•mission, payments for
of audit:
RCW 9.46.060.
costs
( 392
43.08.150
Cross Reference:
Investment of surplus funds, rules and
allocations to be published in report:
RCW 43.86.050.
43.08.190
STAT~
~!~URgR~
~£~
FUND--CREATION--PURPOSE.
There is hereby
created a fund withinthe state treasury
to be known as the "state treasurer's
service fund".
such fund shall be used
solely
for the payment of costs and
expenses incurred in the operation and
administration of the state treasurer's
office. (i973 c 27 § 2.]
Cross Reference:
Distribution of interest credited to deposit interest fund:
RCW 43.85.241.
43.08.200
ST!I£! TREASURER'S
SERVIC~
FUND--EXPENDITUB£! ~IMITATION.
All-mon~ys
deposited in the state treasurer's serv1ce
fund shall be expended only pursuant to
legislative appropriation and for
the
purposes
set forth in RCW 43.08.190,
43.08.200, and 43.85.241. [1973 c 27 §
3. 1
J
DEPARTMENT OF GENERAL ADMINISTRATION
43. 19.1925
--------------------------------------------------------------------------------------Chapter 43.09
STATE AUDITOR
Cross References:
Gambling commission, audit of books, records and affairs: RCW 9.46.060.
Reports to higher education assistance
authority: RCW 2BB.17.170.
Chapter 43.10
ATTORNEY GENERAL
Cross References:
Gambling activities,
as
affecting:
Chapter 9.46 RCW.
Gambling commission, counsel for:
RCW
9.46.060.
Higher education assistance authority,
attorney general may render assistance to:
RCW 28B.17.160.
43.10.010
QYALIFifATIQNS--OATH--BOND.
No person shall be eligible to be attorney
general unless he is a qualified practitioner of the supreme court of this state.
Before entering upon the duties of his
office, any person elected or appointed
attorney general shall take, subscribe,
and file the oath of office as required by
law; take, subscribe, and file with the
secretary of state an oath to COmflY with
the
provisions of RCW 43.10.115;
and
execute and file with the secretary of
state, a bond to the state, in the sum of
five thousand dollars, with sureties to be
approved by the governor, conditioned for
the faithful ferformance of his duties and
the paying over of all moneys, as provided
by law. [1973 c 43 § 1; 1965 c 8 §
43.10.010. Prior:
1929 c 92 § 1, part;
RRS § 11030, part; prior:
1921 c 119 § 1;
1888 p 7 § 4. J
(1)
As an attorney in any court of this
state during his continuance in office: or
(2)
As adviser or advocate for any
person who may wish to become his client.
[ 197 3 c 43 § 3. 1
43.10.125
E~IV!!~
f]!fil£~ Ql
bh~==
SP]£!!1 ASSI~!!~l ATTORN~ §!]]B!b~~ Special assistant attorney generals employed
on less than a full time basis to transact
business of a legal or quasi legal nature
for the state, such ~ssistants and attorneys may practice law in their private
capacity as attorney. [ 1973 c 43 § 4.]
43.10.130
PRIVATE PRACTICE OF LAW--EXCEPTIONS. None-OI~ieprovisions
43~10~010 and 43.10,115 through 43.10.125
shall be construed as prohibiting the
attorney general or any of his full time
deputies or assistants from:
(1) Performing legal services for himself or his immediate family; or
(2) Performing legal services of a charitable nature.
[1973 c 43 § 5.]
-otRCi
Chapter 43.17
ADMINISTRATIVE DEPARTMENTS AND AGENCIES-G~NERAL PROVISIONS
cross Reference:
Higher education assistance authority,
state agencies may render assistance to:
RCW 28B.17.160.
DEPART~ENT
43.19.1925
MO~b!
~g_s]2i,li.t.1=.-121l
£
~]1.
"If any provision of this 1973 amendatory act, or its
application to any person or circumstance
is held invalid, the remainder of the act,
or the application of the provision to
other persons or circumstances is not
affected." [1973 c 43 § 6.] This applies
to the 1973 amendment to this section and
to RCW 43.10.115-43.10.130.
43,10.115
flil!ATE f~!fil£~ QI 1!!==AT=
IORNEY §]NE~AL--PRQH!~!!]~ The attorney
general shall not practice law for remuneration in his private capacity:
(1)
As an attorney in any court of this
state during his con~inuance in office; or
(2)
As adviser or advocate for any
person who may wish to become his client.
[ 1973 c 43 § 2.)
43.10.120
PR11!!~
PR!f!!~~
QI LAW~
DEPUTIES AND ASSISTANTS--PROHIBITED.
No
fulr-~Ime--deputy--or--assistant-attorney
general shall practice law for remuneration in his private capacity:
1973 RCW SUPP.
[ 393
Y~
Chapter 43.19
OF GENERAL ADMINISTRATION
fOM~l~ED
fURf~~~ OF
ITE~~==ADVANC]
f!!~~~!~
£Qn=
]!
STATE AGENCIES--COSTS OF OPERATING CENTRAL
sToEi~~~o-supply-suc~fund;--asnecessary for making combined purchases of
items or services of common use by central
stores, state agencies shall, upon request
of the division of purchasing, from time
to time, make advance payments into the
central stores revolving fund from funds
regularly appropriated to them for the
procurement of supplies, equipment, and
services:
PROVIDED, That advance payment
for services shall be on a quarterly
basis: PROVIDED FURTHER, That any person,
firm or corporation other than central
stores rendering services for which advance payments are made shall deposit cash
or furnish surety bond coverage to the
state in an amount as shall be fixed by
law, or if not fixed by law, then in such
amounts as shall be fixed by the administrative board.
Any such bond so furnished
shall be conditioned that the person, firm
or corporation receiving the advance payment will apply it toward performance of
the contract. Funds so advanced to central
stores shall be used only for the combined
procurement, storage, and delivery of such
mar--be
J
43.19.1925
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------------------------------------------------stocks of supplies, equipment, and services as are requisitioned by the agency
and shall be offset and repaid to the
respective state agencies by an equivalent
value in merchandise supplied and charged
out from time to time from central stores.
costs of operation of central stores may
be recovered by charging as part of the
value of materials, supplies, or services
an amount sufficient to cover the costs of
operating central stores.
[1973 c 104 §
2;
1965 c 8 § 43.19.1925. Prior:
1959 c
178 § 13. ]
43.19.510
FORMS MANAGEMENT CENTER--ESdirec=
tor
of
the
department
of
general
administration shall establish and staff
an activity within the department to be
known as the "forms management center" for
the coordination, orderly design, implementation and maintenance of a state-wide
forms management program.
The director of general administration,
through
the
forms management center,
shall:
(1)
Coordinate a forms management program for all state agenc~es,
and educational institutions and provide assistance
in establishing internal forms management
capabilities;
(2)
Study, develop, coordinate and initiate forms of interagency and common
administrati_ve usage, and establish basic
state design and specification criteria to
effect the standardization of state forms;
(3)
Provide assistance to state agencies and educational institutions
for
economical forms design and forms art work
composition and establish and supervise
control procedures to prevent the undue
cre•tion and reproduction of state forms;
(4)
Provide assistance, training and
instruction in forms management techniques
to state agencies and educational institutions forms management representatives and
departmental forms coordinators, and provide direct administrative and forms management
assistance
to
new
state
organizations or institutions as they are
created;
(5)
Maintain a central cross index of
state forms to facilitate the standardization of such forms, to eliminate redundant
forms, and to provide a central source of
forms usage and availability information;
(6)
Utilize
appropriate
procurement
techniques to take advantage of competitive
bidding, consolidated orders and
contract procurement of forms,
and work
directly with the public printer toward
more efficient, economical and
timely
procurement, receipt, storage and distribution of state forms;
{7)
Coordinate
the forms management
program with the existing state archives
and records management program to insure
timely disposition of outdated forms and
related records;
.Illli~~=.fQWERS !No£u1':!J;s:- The
[
(8)
Conduct periodic evaluation of the
effectiveness of the overall forms management program and the forms mancrgemer.t
practices of the individual state educational institutions and state agencies,
and maintain records which indicate net
dollar savings which have been realized
through centralized forms management;
(9)
Enter into agreements which delegate implementing action to state agencies
or educational institutions where such
mutually developed arrangements will result in the most timely and economical
method of accomplishing the responsibilities set forth in this section; ar.d
(10)
Develop and promulgate rules and
standards to implement the overall purposes of this section.
All educational institutions and agencies of the state shall cooperate with and
support the development and implementation
of the state-wide forms management program: To assist in the coordination and
implementation of the forms management
program, each state educational institution and agency shall appoint a forms
management representative. [ 1973 c 13 §
1• ]
Chapter 43.20A
DEPARTMENT OF SOCIAL AND HEALTH SERVICES
cross References:
Criminally insane, rights, responsibili·
ties and duties:
Chapter 10.77 RCW.
Sale of certain lands in Spokane county
authorized:
Chapter 109, Laws of 1973 1st
ex.s.
Special adult supervision programs, reimbursement to counties:
Chapter 9.95!
RCW.
Victims of crimes, xeimbursement by convicted person as condition of work release
or parole: RCW 7.68.120.
Chapter 43.21A
DEPARTMENT OF ECOLOGY
Cross Reference:
Domestic waste treatment plants--Certification and regulation of
operators:
Chapter 70.95B RCW.
43.21A.065
DETERMINATION AS TO WHETnJB
.!.I.E11 QI PROPt£tTY FORMING .fART-QI .IiDUSTRI.:
A1L ,tTC. ~UIL~lli2 IS A POLLUT.IQN £Q~Q1
!:AfiLITY.:.
[ 1972 ex.s.
c 54 § 2.] Repealed by 1973 c 132 § 15.
43.21A.405
MARINE POLLUTION--BASELINE
STUDY PROGRAM-=LEGISLATIVE- FINDING- !!Q
DECiiRAT.IQH.:. -~he--legislature-recognizes
that there exists a great risk of potential damage from oil pollution of the
waters of the state of washington and
further declares that immediate steps must
be undertaken to reduce this risk.
The
legislature also is aware that such danger
394 ]
43.21C.070
STATE ENVIRONMENTAL POLICY
--------------------------------------------------------------------------------------is expected to increase in future years in
proportion to the increase in the size and
cargo capacity of ships, barges, and other
waterborne carriers, the construction and
operational characteristics of these carriers, the density of waterborne traffic,
and the need for a greater supply of
petroleum products.
A program of systematic baseline studies
to be conducted by the department of
ecology has been recognized as a vital
part of the efforts to reduce the risk of
oil pollution of marine waters, and the
1e9islature recognizes that many factors
combine to make this effort one of considerable
magnitude and difficulty.
The
marine shoreline of the state is about two
thousand
seven hundred miles long,
a
greater
length
than
the
combined
coastlines
of
Oregon and California.
There are some three million acres of
submerged land and more than three hundred
islands in these marine waters.
The
average
depth of Puget Sound is two
hundred twenty feet.
There is a great
diversity of animal life in the waters of
the state. These waters have a multitude
of uses by both humans and nonhumans, and
the interaction between man's activities
and natural processes in these waters
varies greatly with locale.
[1973 2nd
ex. s. c 30 § 1. ]
Cross References:
Oil pollution: RCW 90.48.315-90.48.360.
Shoreline management act: Chapter 90.58
RCW.
43.21A.410
MARINE gQ1LUIIQli~!~]11]]
~ £ROGRA~ ].§,IAB1J.§HED=-UTI1J~ATJQ]
QI
phases, shall be coordinated to the greatest possible extent with appropriate governmental,
academic,
and
industrial
organizations.
Whenever possible, the
department shall contract with existing
state agencies,
boards, commissions, and
institutions of higher education for the
scientific i~vestigation programs to be
conducted. [1973 2nd ex.s. c 30 § 2.]
43.21A.415
~ARIN~
~IQQX RBOGR!~==~£Qf]
QQft~
fOL1QTIQli==BASlibJ]g
Qf
~!I!
~!~g
RBQ~
The data base produced by such
studies should include chemical, physical,
and biological parameters of the waters,
complete information on marine pollution
accidents, and an economic evaluation of
the marine resources and shoreline properties that may be damaged or impaired by
oil pollution.
Where oceanographic and
water quality instrumentation is used to
gather data,
such instruments shall be
standardized and intercalibrated. (1973
2nd ex.s. c 30 § 3.]
43.21A.420
MARINE POLLUTION--BASELINE
~1unx PROGRAM=-P~!oRrTx-Ia£!oRs.--rn-pian=
ning the state baseline studies program,
priority shall be given to those waters
(1)
in which the greatest risk of damage
from oil spills exists; (2) which contain
marine
and fresh water life that is
particularly sensitive to toxins contained
in
crude oil,
oil products,
and oil
wastes; and (3) which are used or may be
used for the harvesting, gathering, or
production of food or food
products.
( 197 3 2nd ex. s. c 30 § 4. ]
~]b!.IEQ R~OGRAMS--COORDINATJQ]~ONTBA£.!.§~
As part of the state effort to prevent and
control oil pollution, a continuing, comprehensive program of systematic baseline
studies for the waters of the state shall
be established by the department of ecology.
Full utilization of related historical data shall be made in planning these
studies. Data from these and other scientific investigations made pursuant to RCW
43.21A.405
through
43.21A.420 should,
whenever possible, have multiple
use,
including use as supporting evidence of
environmental damage resulting from oil
pollution, as indicators of the potential
or existing risks and impacts of oil
pollution, as aids to developing a methodology for implementing the reduction of
risks, and as aids to maintaining water
quality standards.
A baseline study program shall take full
advantage of the data and information
produced by related programs, such as the
marine ecosystems analysis {MESA)
program
of the national oceanic and atmospheric
administration,
studies and inventories
made pursuant to the state shorelines
management act of 1971, and o~hers.
All
phases of the program, including planning,
operations, data analysis, interpretation,
storage,
retrieval,
and dissemination
1973 RCW SUPP.
[ 395
Chapter 43.21C
STATE ENVIRONMENTAL POLICY
43.21C.070
~~,IAB1I.§llMENT Qf
£1!~§1!1=
CATIONS AND CATEGORIES OF BUILDING PERMITS
AND-ACTS OF GOVERNMENTAL-AGENCIES-CONCERN:
IN~ "Fin1!-Ri~IDENcEs ~x~~R!!ON
~!2E::
TAIL~Q
STAI~~~NT~
REQQIREMENT.
The
department of ecology shall, within fortyfive days from July 1, 1973, after notice
and hearing, promulgate rules and regulations pursuant to chapter 34.04 RCW to
establish classifications and categories
of building permits and acts of governmental
agencies concerning an individual
single family residence, which classification and category shall be exempt from the
"detailed statement" required by RCW 43.21C.030.
Building permits and acts not
so classified shall not be presumed to
either require or not require a "detailed
statement". (1973 1st ex.s. c 179 § 1.]
riQn
~11~£1iv~ date--1973 1st
ex.s. c
179:
"This act Isn~ssaryfor the-immediate
preservation of the public peace,
health,
and safety, the support of the state
government and its existing public institutions and shall take effect on July 1,
]
43.21C.070
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------------------------------------------------1973: PHOVIDED, HOWEVER, Tfiat prior thereto,
the department of ecology may take
such actions,
including tht issuing of
notices and the conduct of public hearing,
as are necessary to insure the implementation of section 1 of this act." (1973 1st
ex. s. c 179 § 4.] This applies to RCW
43.21C.070-43.21C.090.
necessary for preservation of the public
health, welfare, and safety of the citizens of this state.
It is
the
policy of the state of
washington and the intent of this legislation to prevent such a failure of the
electric power sys~em and to
provide
emergency procedures whereby such a failure can be averted. [1973 2nd ex.s. c 29
§ 1.
43.21C.080
!QIO~
TO
]J
g]IV!I~
Qf !Qllf] QI
§OVERNM].NTA1 AGEl!£! ~~ININ§
1
PU]LICATIO~
fEOJECT==I!~
b!~!I!TIO~
43,21D.020
QM1l!ll!Qli§..:. (1)
"Committee" means the elec~ric emergency curtailment
and/or
allocation
committee
established in RCW 43.21D.030.
{2)
"Electric utility" means any city
or town, public utility district, regulated electric company, or electric cooperative,
or other entity engaged in or
authorized to engage in the business of
generating, transmitting, or distributing
electric energy in this state.
(3)
"Person" means an :lndiv idual, partnership, joint venture, private or public
cqrporation,
association, firm,
public
service company, political subdivision,
municipal corporation, government agency,
public utility district, or any other
entity, public or private, however organized. [1973 2nd ex.s. c 29 § 2.]
fQB
£.!!ALLEN§] IQ !illQ~.:.
(1)
Notice of any action taken by a governmental
agency which is "a major action significantly affecting the quality of the environment" fertaining to any private project
shall be published by the applicant for
such project, in a form approved by the
governmental agency, on the same day of
each week for two consecutive weeks in a
newspaper of general circulation in the
county,
city, or general area where the
property which is the subject of the
action and where such governmental agency
has its principal offices.
(2)
Any action to set aside, en join,
review, or otherwise challenge any such
action
of a governmental agency with
respect to any private project on grounds
of noncompliance with the provisions of
this chapter shall be commenced within
sixty days from the final date of publication of notice of such action, or be
barred. ( 1973 1st ex.s. c 179 § 2.)
£01'li'I£1NCJ~g
~LE£IRIC ~.!iERGENCY £URTAILALbQCA!IOl!
£0MMI!X]~=-CR~:
ATED--MEMBERS--COMPENSATION--EXPENSES.
There is herebycreated-andestablished an
electric emergency curtailment and/or allocation committee composed of five members to be appointed by the governor to
serve at his pleasure. The governor shall
name one of the members to serve as
chairman of the committee.
One member
shall be experienced and knowledgeable in
the affairs and operation of regulated
electric companies; one member shall be
experienced and knowledgeable in the affairs of public agencies or cooperatives
engaged in the electric utility industry;
one member shall be from the electric
power consuming general public; and one
member shall be from an industrial consumer of electric power. The chairman of the
senate transportation and utilities committee and the chairman of the house
transportation and utilities committee and
one member of the minority party from each
house shall serve as ex officio members of
the committee, without vote.
Members, unless
otherwise compensated
for such time, shall be compensated at the
rate of one hundred dollars per day for
each day engaged in the business of the
committee and shall be reimbursed for
necessary traveling and lodging expenses
actually incurred while engaged in the
business of the committee as provided in
chapter 43,03 RCW.
( 1973 2nd ex.s. c 29 §
3. ]
43.21D.030
.!i~NT
43,21C.090
]~CISIQl!
Qf
gOVERN~]NTAb
!GEM£! IQ ] ] ACCORDED SUBSTANTIAL WEIGHT.
In any action involvi;g--an--attack--~--a
determination by a governmental agency
relative to the requirement or the absence
of the requirement, or the adequacy of a
"detailed statement", the decision of the
governmental
agency shall be accorded
substantial weight. [1973 1st ex.s. c 179
§ 3. ]
Chapter 43. 21D
ELECTRIC POWER USE--EMERGENCY CURTAILMENT,
ALLOCATION
43,21D.010
LE§!SL!I1!] FINQ!M§L ~ECLA­
RATIQN !l!Q !l!!t!!~ The legislature finds
and declares that due to one of the most
severe droughts in recorded history, the
sources of electric power are in such
short supply as to create a clear and
foreseeable danger that without institution of appropriate measures to reduce
and/Or allocate the usage of electricity
through a program of mandatory
usage
curtailment and;or allocation, an electric
power system failure involving the entire
Pacific Northwest may occur. The prevention of such a power system failure is
[
396
J
ANDLO~
ELECTRIC POWER USE--EMERGENCY CURTAILMENT, ALLOCATION
43.21D.080
--------------------------------------------------------------------------------------43.21D.040
POWERS AND DUTIES Q! COM~
J1ITT.ll:,
The ~itt;€ Shall have the
following powers and duties:
(1)
To gather and review pertinent information from whatever source available
relating
to
electric
power
supply
conditions;
(2)
To make recommendations to the governor of appropriate emergency curtailment
and/or allocation plans and procedures of
electric power usage.
In developing its
recommendations the committee should consider the economic, social and environmental
impact
of
a curtailment and/or
allocation program;
(3)
To advise the governor of the time
or times, if any, base~ on pertinent
information, when the electric power supply conditions require execution of emergency
curtailment
and/or
allocation
procedures, and also the time or times
when such procedures can prudently be
terminated;
(4)
To monitor and review compliance
with and effectiveness of orders of the
governor issued under this chapter:
PROVIDED, That compliance by regulated electric companies shall be reviewed by the
washington utilities and transportation
commission and the results thereof shall
be reported to the committee;
{5)
To require submission by any electric utility, for review and approval by
the committee, of a plan for curtailment
and/or allocation of electric usage in the
event of an emergency.
[1973 2nd ex.s. c
29 § 4. 1
43.21D.050
RQ!ERS AND DUIJ~~ Qf QOVER=
l!QB_ OR!1.£;.BL-::~1IANC E REQOIR E!1:=-CO.Q.Bl2.!=
lfATIO,!! j.J;TH ~.!11~ OF OTHER STATES.
During such periods as the -governor~s
determined
that
emergency curtailment
and/or allocation procedures of electric
power usage must be followed to assure
prevention of an electric power system
failure,
the governor is authorized and
empowered to order immediate curtailment
and;or allocation of electric power use
and to carry out such other actions as
shall have been recommended by the committee pursuant to RCW 43.21D.040:
PROVIDED,
That, in the absence of such recommendation, or if the governor shall determine
that the plans and procedures recommended
by the committee are not adequate to carry
out the purpose of this chapter, the
governor may order immediate curtailment
and/or allocation of electric power usage
and the execution of such other procedures
and actions as he may deem necessary and
appropriate to prevent an electric power
system failure.
All persons using electricity who are
affected by an order issued or action
taken pursuant to this chapter
shall
comply
therewith immediately, notwithstanding any provision of law or contract
to the contrary.
The governor may direct any electric
utility to take such action on his behalf
1973 RCW SUPP.
as may be required to implement his orders
issued pursuant to this chapter, and no
electric utility shall be liable
for
actions taken in accordance with such
directions:
PROVIDED, That orders
to
regulated
electric companies shall be
issued by the
washington utilities and
transportation commission in conformance
with orders of the governor.
The governor shall undertake all efforts
that may be useful in coordinating similar
electric power usage curtailment and/or
allocation programs with other states.
[1973 2nd ex.s. c 29 § 5.]
43.210.060
fETI!lQl! IQli ~]fiiQl! Q,B
M0!1JfiCATION OF QRDER-,!PPEALS.
(1)
Any
person aggrieved by an order issued pursuant to this chapter may petition the
governor and request an exception from or
modification of such order. The governor
shall refer any such application to the
committee for review, and the committee
shall recommend to the governor action to
be taken thereon. The governor may grant,
modify, or deny such petition as the
public interest may require.
(2)
An appeal from any order issued or
action taken pursuant to this chapter may
be taken to the state supreme court.
Such
an
appeal shall take the form of a
petition for a writ of mandamus or prohibition under Article IV, section 4 of the
state constitution, and the supreme court
shall have exclusive jurisdiction to hear
and act upon such an appeal.
Notwithstanding the prov1s1ons of chapter 7.16
RCW, or any other applicable statute, the
superior courts of this state shall have
no jurisdiction to entertain an action or
suit relating to any order issued or
action taken pursuant to this chapter, nor
to hear and determine any appeal from any
such order. The provisions of Rule On
Appeal I-58 shall apply to any proceedings
in the supreme court brought pursuant to
this chapter. [1973 2nd ex.s. c 29 § 6.)
43.210.070
VIOLATIONS--PENALTY--TERMINATlQ! QI ~bECIBI£ sE,ByrcEs~---(1)~n1
person wilfully violating any provision of
an order issued by the governor pursuant
to this chapter shall be guilty of a gross
misdemeanor.
(2)
Any person violating any prov1s1on
of an order issued by the governor pursuant to this chapter shall also be subject
to termination of electric services upon
further order of the governor. (1973 2nd
ex. s. c 29 § 7. ]
43.210.080
£HAPTER IQ CONTRQb lli EV.E;!I
OF CONFLICT-EXCEPTIONS-COMPLIANCE WITH
oT.!lli.B LAws~--If-anyprovision--of' 't'hiS
chapter is in conflict with any other
provision, limitation,
or
restriction
which is now in effect under any other law
of this state, except chapters 43.06 and
38.52 BCW, or any rule or regulation
[ 397 ]
43.21D.08C
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------home inspection, elevator inspection, ex·
cept as otherwise provided in RCW 70.87·
. 0 30,
boiler
inspect ion,
and
hotel
inspection.
The director may appoint such clerical
and other assistants as may be necessary
for the general administration of the
department.
[1973 1st ex.s. c 52§ 2;
1971 c 66 § 2; 1969 ex.s. c 32 § 1; 1965 c
8 § 43.22.010.
Prior:
(i) 1927 c 306 §
1, part; 1917 c 36 § 2, part; 1\RS § 8637,
part.
(ii) 1921 c 7 § 74; RRS § 10832.)
promulgated thereunder, this chapter shall
govern and control, and such other law or
rule or regulation promulgated thereunder
shall be deemed superseded for the purposes of this chapter.
Because of the emergency nature and limited duration of this chapter, all actions
authorized or required hereunder or taken
pursuant to any order issued by
the
governor, shall be exempted from any and
all requirements and
provisions of the
state environmental policy act of 1971,
chapter 43.21C RCW, including but not
limited to the requirement for environmental impact statements.
Except as provided in this section nothing in this chapter shall exempt a person
from compliance with the provisions of any
other statute, rule, regulation, or directive unless specifically ordered by the
governor. [ 1973 2nd ex.s. c 29 § 8.]
Effective date--1973
1st ex.s. c 52·
"This -1973-am~ndatory-act-Is n&"essary
the immediate preservation of the public
peace, health and safety, the support of
the state government and its existing
public institutions, and shall take effec~
on July 1, 1973. 11 [ 1973 1st ex.s. c 52 §
12. ]
to;
Reviser's note:
RCW
43.22.010
was
amendea-twice-during the 1973 first ex·
traordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sec·
tions amended more than once at the same
legislative session, see RCW 1.12.025.
43.21D.900
EXPIRATION OF CHAPTER. The
provisions of this chapter-shall expire on
June 30, 1974, and all powers conferred
herein or orders issued hereunder shall
terminate at that time. [1973 2nd ex.s. c
29 § 9.]
43.21D.905
LIBERA1 fQ~STSUCTIQ~ This
chapter shall he liberally construed to
carry out the legislative declaration of
findings,
policy, and intent expressed
herein. (1973 2nd ex.s. c 29 § 10.]
43.21D.910
SE!~B~LIIY-=1273
43.22.010
PE£~Q]H!.~1
.121
DIVIS!~
.il~ !~~!QED
QI
Q~f!£TMEN1==
.!H j273 1.§.! H:.§..t.
~
The department of labor and
industries shall be organized into six
divisions, to be known as, (1)
the division of industrial insurance,
(2) the
division of safety, {3)
the division of
mining safety, (4) the division of indus·
trial relations,
(5)
the division
of
apprenticeship, and
{6) the division of
building and construction safety inspec·
tion services, which division shall have
responsibility for electrical inspection,
mobile home inspection, elevator inspec·
tion, except as otherwise provided in RCW
70.87.030, boiler inspection, and registration and regulation of contractors. The
director may appoint such clerical and
other assistants as may be necessary for
the general administration of the depart·
ment.
[ 1973 1st ex. s. c 153 § 8; 1971 c
66 § 2; 1969 ex.s. c 32 § 1; 1965 c 8 §
43.22.010.
Prior:
(i) 1927 c 306 § 1,
part;
1917 c 36 § 2, part; RRS § 8637,
part.
(ii) 1921 c 7 § 74; RRS § 1083~.)
2NQ
~~~ ~ ~~
If any provision of this act,
or
its application to any person or
circumstance is held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected. [ 1973 2nd ex.s. c 29
§ 12. ]
Chapter 43.22
DEPARTMENT OF LABOR AND INDUSTRIES
cross References:
Certification elections
for community
college academic personnel, request for
department's services: RCW 28B.52.080.
Victims of crimes, comper.sation, duties
of department: Chapter 7.68 RCW.
.§ .§L..
Reviser's note:
RCW
43.22.010
was
the 1973 first extraordinary session of the legislature,
each without reference to the other.
For rule of construction concerning sections amended more than once at the same
legislative session, see RCW 1.12.025.
amended--twic~--during
DIV!2IQNS Ql
Q~fARTM!!!==
_Al"'ENDEQ ]1 1971 1~.! ~ f
§
The department of labor and
industries shall be organized into five
divisions, to be known as, (1)
the division of industrial insurance,
{2)
the
division of industrial safety and health,
(3)
the division of industrial relations,
(4) the division of apprenticeship, and
(5) the division of building and construction safety inspection services,
which
last mentioned division shall have responsibility for electrical inspection, mobile
43.22.010
_RER~.H]EL
~2
11~
.il~
(
43.22.040
SUPERVISOR
OF
INQ1~!~
SAFETY AND HEALTfi:-APPOINTMENT--PERSQ~1~
rectoroflabOrandlnduStr ies shall
appoint and deputize an assistant director,
to be known as the supervisor of
industrial safety and health, who shall
Tiieai
398
J
43.22.170
DEPARTMENT OF LABOR AND INDUSTRIES
--------------------------------------------------------------------------------------have charge and supervision of the division of industrial safety and health.
The supervisor of industrial safety and
health, with the approval of the director,
may appoint and employ such inspectors,
clerks, and other assistants as may be
necessary to carry on the work of the
division.
[1973 1st ex.s. c 52§ 3; 1965
c 8 § 43.22.040. Prior:
1921 c 7 § 76;
RRS § 10834.]
43.22.120
DI!l~ON Qf ~INING
SAFETY-COMPOSITION--CHIEF
~I!~
INSPECTOR---IN
CHAR~~;-1[1965 c-8 § 43.227120~--Prior!
1927 c 306 § 1, part; 1917 c 36 § 2, part;
RRS § 8637, part.) Repealed by 1973 1st
ex.s. c 52§ 11.
43.22.130
ARRQINTM~!!
Qf
~INI!~
BOA~D--QUA1IflCA!lONS~ATfi=-C~£~NS!TIQ!:..
(1965 c 8 § 43.22.130. Prior: 1927 c 306
§ 2; 1917 c 36 § 3; RRS § 8638.) Repealed
by 1973 1st ex.s. c 52 § 11.
43.22.140
EX~INATIQNS
XQ~
~1]~
1]~
SP!fTOB~:..
43.22.050
POWERS !HQ DU!il.§.:.. The director of labor--ana industries, through
the division of industrial safety and
health, shall:
(1)
Exercise all the powers and perform
all the duties prescribed by law
in
relation to the inspection of factories,
mills, workshops, storehouses, warerooms,
stores and buildings, and the machinery
and apparatus therein contained, and steam
vessels, and other vessels operated by
machinery, and in relation to the administration and enforcement of all laws and
safety standards providing for the protection of employees in ~ills, factories,
workshops, and in employments subject to
the provisions of Title 51, and in relation to the enforcement, inspection, certification,
and
promulgation of safe
places and safety device standards in all
industries:
PROVIDED, HOWEVER, This section shall not apply to railroads;
(2)
Exercise all the powers and perform
all the duties prescribed by law
in
relation to the inspection of tracks,
bridges, structures, machinery, equipment,
and apparatus of street railways,
gas
plants, electrical plants, water systems,
telephone
lines, telegraph lines, and
other public utilities, with respect to
the safety of employees, and the administration and enforcement of all laws providing for the protection of employees of
street railways, gas plants, electrical
plants, water systems, telephone lines,
telegraph
lines,
and
other
public
utilities;
(3)
Exercise all the powers and perform
all
the duties prescribed by law in
relation to the enforcemeLt, amendment,
alteration, change, and making additions
to, rules and regulations concerning the
operation, placing, erection, maintenance,
and use of electrical apparatus, and the
construction thereof.
[1973 1st ex.s. c
52§ 4; 1971 ex.s. c 239 § 9; 1965 c
8 §
43.22.050. Prior: 1955 c 173 § 1; 1921 c
7 § 80; RRS § 10838.)
(1965 c 8 § 43.22.140.
Prior:
1927 c 306 § 3; 1917 c 36 § 4;
RRS §
8639.]
Repealed by 1973 1st ex.s. c 52 §
11 •
43.22.150
!!CEPTlQ] fQli !fiQ~~ PASSI!~
FIRST
CLASS
CERTIFICATE
EXA~INATION.
[1965 c 8~-43.22:15~--Prior:--1945-c-262
§ 1; Rem. Supp. 1945 § 8661-1.]
Repealed
by 1973 1st ex.s. c 52 § 11.
43.22.160
APPLICATIONS
FOR
EXAMINA43 :-22. 16
Prior:
1917 c 36 § 5; RRS § 8640. ]
Repealed by 1973 1st ex.s. c 52 § 11.
TIQ!=AFfiDAVIT:---("i'%5~-c
o:-
8§
43.22.160
APPLI£ATIQ~
FO~
EX!MINA~
TIQ!==Alll12AYI!:..
Applications
to the
board for examination for chief
mine
inspector and deputy mine inspector shall
be made in writing, accompanied by an
affidavit showing that the applicant is a
citizen of the United States and of the
state, and that the applicant has attained
the age of thirty years; has had at least
five years•
practical experiecce in and
about the mines in the United States, and
at least three years' practical experience
in and about the mines in the state, and
that the applicant has a certificate of
competency in mine rescue and first aid
work from the United States bureau of
mines.
The applicant shall also furnish
an affidavit from two citizens of the
state that the applicant is a person of
good repute, temperate habits, in good
physical condition, and above thirty years
of age. [1973 1st ex.s. c 154 § 80; 1965
c 8 § 43.22.160.
Prior:
1917 c 36 § 5;
RRS § 8640.)
~~yg~QilliY==121l
1st
~~~
note following RCW 2.12.030.
£
1~~~
See
43.22.170
EXAMINATIONS AT STATE CAPITAL--APPOINTMENT-Op-CHIEF-AND- DEPUTY--I!=
SPECToRs~----(1965-c 8~43:22.170.--prior:
1927 c 306 § 4, part; 1917 c 36 § 6, part;
RRS § 8641, part. Formerly RCW 43.22.170
and 43.22.18G.]
Repeal€d by 1973 1st
ex. s. c 52 § 11.
1973 RCW SUPP.
[ 399 ]
43.22.170
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------------------------------------------------43.22.170
EXAMINATIONS AT STATE CAPI=
!AL=!~~Q1]!11ENI--Qf CBI"if !liQ QjPUT! .!li=
2~~£IQE2~
At such times as
may
be
appointed by the director of labor and
industries, the state mining board shall
conduct examinations at the state capital.
Each examination shall be thoroughly advertised by sending notices to the management of each coal mine, to be posted at
the mine at least thirty days before such
examination.
The director of labor and industries
shall appoint as chief state mine inspector a person who has been given a certificate of competency by the state m~n~ng
board, or who has otherwise qualified for
the positicn, under the provisions of this
act [1917 c 36; 1927 c 306].
The chief
state mine inspector shall hold his office
for four years, and be at all times
subject to removal from office by the
director
of labor and industries for
neglect of duty or for malfeasance in the
discharge of his duties.
The chief state mine inspector with the
approval of the director of labor and
industries shall appoint as deputy state
mine inspectors persons who are citizens
of the United States and of the state of
Washington, and who have had five years•
practical eLperience in and about the
mines of the United States and three
years• practical experience in and about
the mines in the state of Washington, and
that have mine inspector•s certificates of
competency given by the board of examiners, or the state mining board after an
examination as provided for in this act
[1917c36;
1927 c 306).
Each deputy
state mine inspector shall hold office
subject to removal by the chief state mine
inspector for cause.
Nothing in this act [1917 c 36;
1927 c
306] shall be construed as preventing the
reappointment of any mine inspector or of
any deputy mine inspector who has qualified for these positions under the provisions of this act [1917 c 36; 1927 c 306].
( 1973 1st ex.s. c 154 § 81; 1965 c 8 §
43.22.170.
Prior:
1927 c 306 § 4, part;
1917 c 36 § 6, part; RRS § 8641,
part.
Formerly RCW ij3.22.170 and ij3.22.180. 1
2tl~s!lJ:lity::-197J
12!
~
£ 154.;_
See
note following RCW 2.12.036.
43.22.190
~,llARIE~ MW l!!f.t.!'!2~
~R.t£IQ!!~_Qllj!=.QQIIE2~
[ 1965 c 8
Qf IN.::
§ 43.22.190.
Prior:
1947 c 166 § 1; 1927 c
306 § 5; 1919 c 201 § 1; 1917 c
36 § 7;
1897 c 45 § 7; RRS § 8642. FORMER PART OF
SECTION:
1917 c 36 § 9, part; RRS § 8644,
part,
now codified in RCW 43.22. 210.]
Repealed by 1973 1st ex.s. c 52 § 11.
43.22.200
~HT
Qf ]]lli! TO INSPECT.
The supervisor of the division -;f--indus:
trial safety and health or his deputy
shall enter, inspect, and examine any coal
mine, and the workings and the machinery
[ 400
belonging thereto, at
all
reasonable
times,
either day or night, bu~ not so as
to impede the working of the mine.
They
shall make inquiry into the condition of
the mine, workings, machinery,
ventilation, drainage,
method of lighting or
using lights, and into all methods and
things relating to the health and safety
of persons employed in or about the mine,
and especially make inquiry whether or not
the provisions ~f the coal mining code
have been complied with.
The management
of each mine shall furnish the means
necessary
for such entry, inspection,
examination, and exit.
[1973 1st ex.s. c
52 § 5;
1965 c 8 § 43.22.200.
Prior:
1917 c 36 § 8; RRS § 8643.]
52·
---=-
43.22.210
C011PELLI1ffi
I£EQUE~!
Qf
Ili2f~£IIONS==
!£QSS==IN!.t.§.IJQATIOJ!.§.~
(1)
It shall be the duty of the supervisor of
the division of industrial safety and
health or his deputy to carefully examine
each coal mine in operation in this state
at least every four months, and as much
oftener as is necessary, to see that €Very
precaution is taken to insure the safety
of all workmen who may be engaged in the
mine.
These inspections shall include at
least two visits of the inspection force
to every working place in every mine in
the state during each calendar year.
The
supervisor or his deputy shall make a
record of each visit, noting the time and
the material circumstances of the inspection, and shall keep each record on file
in the office of the department; and also
post at the mine a
notice
of
his
inspection.
(2)
If the management of any operating
company shall refuse to permit the members
of the department to enter any mine, the
supervisor or his deputy shall file an
affidavit setting forth such refusal, with
the judge of the superior court of the
county in which the mine is situated, and
obtain an order from such judge commanding
the management of the operating company to
permit such examination and inspection,
and to furnish the necessary facilities
for the same, or in default thereof to be
adjudged in contempt of court and punished
accordingly.
(3)
If the supervisor or his deputy
shall, after examination of any mine, or
the works and machinery connected therewith, find the same to be worked contrary
to the provisions of this act (1917 c 36),
or unsafe for the workmen employed therein, the supervisor shall notify the management,
stating
what
changes
are
necessary. If the trouble is not corrected within reasonable time, the supervisor
shall, through the attorney general, in
the name of the state immediately apply to
the superior court of the county in which
the mine is located, or to a judge of said
]
DEPARTMENT OF LABOR AND INDUSTRIES
43.22.270
---------------------------------------------------------------~----------------------
court in chambers, for a writ of injunction to enjoin the opera~ion of all work
in and about the said m~ne.
Whereupon
said court or judge shall at once proceed
to hear and determine the case, and if the
cause appears to be sufficient, after
hearing the parties and their evidence, as
in like cases, shall issue its writ to
restrain the workings of said mine until
all cause of danger is removed; and the
cost of such proceeding shall be borne by
the operating company of the mine:
PROVIDED, That if the said court shall find
the cause not sufficient, then the case
shall be dismissed, and the costs will be
borne by the state: PROVIDED, ALSO, That
should the supervisor find during the
inspection of a mine, or portion of a
mine, such dangerous condition existing
therein that in his opinion any delay in
removing the workmen from such dangerous
places might cause loss of life or serious
personal injury to the employee,
the
supervisor shall have the right to temporarily withdraw all persons from such
dangerous places until the foregoing provisions of this section can be carried
into effect.
(4)
whenever he is notified of any loss
of life in or about the mine, or wbenever
an explosion or other serious accident
occurs, the supervisor shall immediately
go or send his deputy to the scene of the
accident to investigate and to render
every possible assistance.
(5)
The supervisor or his deputy shall
make a record of the circumstances atteLding
each accident investigated, which
record shall be preserved in the files of
the department. To enable the supervisor
or his deputy to make such investigation
and record, they shall have power to
compel the attendance of witnesses and to
administer oaths or affirmations to them.
The costs of such investigations shall be
paid by the state. [1973 1st ex.s. c 52§
6; 1965 c 8 § 43.22.210. Prior:
1917 c
36 § 9; RRS § 8644.
Formerly RCW 43.22.190, part, 43.22.210 through 43.22.240.]
43.22.250
ANNUAL REPORTS.
[1965 c 8 §
43.22.250. Prior:--1927 c~06 § 6; 1917 c
36 § 10; RRS § 8645. ] Repealed by 197 3
1st ex.s. c 52 § 11.
43.22.260
SUf!liYI2Q~ QI I!QUS1]1!1 ~=
1AII0]2==!PPQINTMENI=-PER~ONNEL~
The director
of labor and industries shall
appoint and deputize an assistant director, to be known as the supervisor of
industrial relations,
who shall be the
state mediator, and have charge and supervision of the division of
industrial
relations.
With the approval of the director, he
may appoint an assistant to be known as
1973 RCW SUPP.
[ 401
the industrial statistician, and an assistant to be known as the supervisor of
employment standards and may appoint and
employ such assistant mediators, experts,
clerks, and other assistants as may be
necessary to carry on the work of the
division. [1973 2nd ex.s. c 16 § 11; 1973
1st
ex.s. c 154 § 82;
1965 c 8 §
43.22.260. Prior:
1921 c 7 § 77;
RRS §
10835.]
2gy.§.£.Sl!.!!.llY==1.273 jst .§.!~h £ 1541.,
note following RCW 2.12.030.
See
43.22.270
gQWERS AND DUTIES.
The director of labor and indu~tries-shall have
the power, and it shall be his duty,
through and by means of the division of
industrial relations:
(1} To promote mediation in, conciliation concerning, and the adjustment of,
industrial disputes, in such manner and by
such means as may be provided by law;
(2) To study and keep in touch with
problems of industrial relations and, from
time to time, make public reports and
recommendations to the legislature;
(3) To, with the assistance of the industrial statistician, exercise all the
powers and perform all the duties in
relation to collecting, assorting, and
systematizing statistical details relating
to labor within the state, now vested in,
and required to be performed by. the
secretary of state, and to report to, and
file with, the secretary of state duly
certified copies of the statistical information collected, assorted, systematized,
and compiled, and in collecting, assorting, and systematizing such statistical
informatidn to, as far as possible, conform to the plans and reports of the
United States department of labor;
(4) To, with the assistance of the irdustrial statistician, make such special
investigations and collect such special
statistical information as may be needed
for use by the department or division of
the state government having need of industrial statistics;
(5) To, with the assistance of the supervisor of employment standards, supervise the administration and enforcement of
all laws respecting the employme~t and
relating to the health,
sanitary conditions, surroundings, hours of labor, and
wages of employees employed in business
and industry in accordance with the provisions of chapter 49.12 RCW;
(6) To exercise all the powers and perform all the duties, not specifically
assigned to any other division of the
department of labor and industries, now
vested in, and required to be performed
by, the commissioner of labor;
(7) To exercise such
other powers and
perform such other duties as may
be
provided by law. [1973 2nd ex.s. c 16 §
]
43.22.270
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------------------------------------------------12; 1973 1st ex.s. c 154 § 83; 1965 c 8 §
43.22.270.
Prior:
1921 c 7 § 81; RRS
10839.]
~gyg.§..f!ility
19l.J 1§.! ~..!.:.~
note following RCw 2.12.030.
!;!
154.;.
See
43.22.280
INDUSTRI!b WELf!]~ COMMIT=
TEE.
The director of labor and industries, the
supervisor
of
industrial
insurance, the supervisor of industrial
relations, the supervisor of safety, the
industrial statistician, and the supervisor of employment standards shall constitute the industrial welfare committee, of
which the director shall be chairman, and
the superviscr of employment standards
shall be executive secretary, which shall
exercise such powers and perform such
duties as are prescribed by law.
[1973
2nd ex.s. c 16 § 4; 1973 1st ex.s. c 154 §
84; 1965 c 8 § 43.22.280. Prior:
1921 c
7 § 82; RRS § 10840.]
~~~££.f!ili.!l= 1973 1§.! ~~§~ £ ~.i
note following RCW 2.12.030.
Cross Reference:
Powers and duties of industrial
committee: Chapter 49.12 RCW.
See
welfare
43.22.320
~NT
HEARINGS--APPEALS,
[ 196 5 c 8 § 43.22.320. Prioi:-1921c7-§
79;
RRS § 10837.] Repealed by 1973 1st
ex.s. c 52 § 11.
43.22.450
~!£TORY
~11!
HOQ~
~OM~~]£1!1 ~!]UCTQ]ESL ]]2QLATI]Q
!MQ
1]~!~1=
LATION OF--DEFINITIONS.
Whenever used in
Rcw~3.22:450-through 43.22.490:
(1)
"Department" means the Washington
state department of labor and industries;
(2)
"Approved" means approved by the
department;
(3)
"Factory built housing" means any
structure designed primarily for human
occupancy other than a mobile home the
structure or any room of which i~ either
entirely or substantially prefabricated or
assembled at a place other than a building
site;
(4)
"Install" means the assembly of
factory built housing or factory built
commercial structures at a building site;
(5)
"Building site" means any tract,
parcel or subdivision of land upon which
factory built housing or a factory built
commercial structure is installed or is to
be installed;
(6)
"Local enforcement agency" means
any agency of the governing body of any
city or county which enforces laws or
[ 402
ordinances governing the construction of
buildings;
(7)
"Commercial structure"
means
a
structure
designed or used for human
habitation, or human occupancy for industrial, educational, assembly, professional
or commercial purposes. [ 1973 1st ex.s. c
22 § 1; 1970 ex.s. c 44 § 1.]
43.22.455
FACTOR! ~QI1! liQQ~lliQ ~!Q
£0MMERCIAL ST]OCTURE~ li~2Q1ATIEQ 1NSTALLAIJON QF-HO~.lliQ MU~! !!~ APflliiT~QL ll!H
DEPARTMENT INSIGNIA--SIGNIFICANCE OF INSIGNrA=MODIFICATION~OF-HOUSrNG -DURING
rN~Tlii~.iTio"N:i1Q~!-Ii"E !PPEQYED.-N; facter¥
built housing or factory built commercial
structure shall be installed on a building
site in this state after the effective
date of the regulations adopted pursuant
to RC~ 43.22.480 unless it is approved and
bears the insignia of approval of the
department.
( 1)
Any factory built housing or factory built commercial structure bearing an
insignia of approval of the department
shall be deemed to comply with any laws,
ordinances or regulations enacted by any
city or county or any local enforcement
agency which govern the manufacture and
construction of factory built housing or
factory built commercial structures or onsite housing.
(2)
No factory built housing or factory
built commercial structure which has been
approved by the department shall be in any
way modified prior to, or during installation by a manufacturer or installer unless
approval of such modification is first
made by the department. (1973 1st ex.s. c
22 § 2; 1970 ex.s. c 44 § 2.]
43.22.465
fiCTORX ~QI1! HOUS1li~ ~liQ
COJiJiERC1!1 ~IRUCTURES, RE2QLA!1!Q USTAb.:
1!II0N QI_-=1N~!!CTIV~ RliQ£ES~L PRQf~QQ]~~
The department may obtain from a superior
court having jurisdiction, a temporary
injunction enjoining the installation of
factory built housing or factory built
commercial structures on any building site
upon affidavit of the department that such
factory built housing or factory built
commercial structures do not conform to
the requirements of RCW 43.22.450 through
43.22.490 or to the rules adopted pursuant
to RCW 43.22.450 through 4~.22.490. The
affidavit must set forth such violations
in detail.
The injunction may be made
permanent, in the discretion of the court.
[1973 1st ex.s. c 22 § 3; 1970 ex.s. c 44
§ 4. )
43.22.475
K!£IQE1
BUILT
HOUSING
AND
£Q~Ji!B£1!1 STEUC!gRE~ REGULATINc;--risTAL~
LA!IQN
OF--!Q!~BX ~Q.iiQ--ME~~~RS !R=
P01NTMEN!_-=QY!blf!£!TIOli==QY!1~RER ~~
AND TRAVEL REIMBURSEMENT.
The governor
Shall-appoint-a-factory-built housing and
factory built commercial structures advisory board consisting of eleven members.
J
FINANCE COMMITTEE--INVESTMENT ADVISORY COMMITTEE
43.33.050
--------------------------------------------------------------------------------------Members appointed shall be broadly representative of the industries and professions involved in the development and
construction of factory built housing or
factory ~uilt commercial structures and
shall include representation from building
code enforcement agencies, architectural
and
engineering associations, building
construction trades, the contracting and
manufacturing industries, legislative bodies of local government and the general
public.
The factory built housing and
factory built commercial structures advisory board shall periodically review the
rules promulgated under RCW
43.22.450
through
43.22.490 and shall recommend
changes of such rules to the department
when it deems changes advisable. Members
shall receive a compensatory per diem of
twenty-five dollars for each day or portion thereof actually spent in attending
upon the duties of the board, and in
addition thereto, shall be entitled to
reimbursement for travel expenses as provided in RCW 43.03.060, as now or hereafter amended.
(1973 1st ex.s. c 22 § 4;
1970 ex.s. c 44 § 6.]
!~~TO]!
BU11I nQQSI~g A]Q
STl!QQ:URESL RE§Q1~!1]§ .!lfSTAL.=
LATIOl! Ql:=-RQLES .AJi] REGU1ATIQlf..§:=-EN£:.Q]g.=
!~CTQBI
43.22.485
~Qltli~ll~!AL
~Q!11
BQQ..§ll!§
Al!n
..§IRUCTQBES, IU;§!!bAI!l!2 !J!g!1.=
1AI10N Of _ _g~~OGl!Illl!§ QQI.::OF-ST~I] ..§lllfll=
Alln~ ENIQBCE.tl!!l!!L ~..§ Q~R!BI~~NT ~RRBQ!~n~
If the director of the department determines that the standards for factory built
housing or factory built commercial structures
prescribed by statute, rule or
regulation of another state are at least
equal to the regulations prescribed under
RCW 43.22.450 through 43.22.490, and that
such standards are actually enforced by
such other state, he may provide
by
regulation that factory built housing or
factory built ccmmercial structures approved by such other state shall be deemed
to have been approved by the department.
(1973 1st ex.s. c 22 § 6; 1970 ex.s. c 44
§ 8. ]
Chapter 43.24
DEPARTMENT OF MOTOR VEHICLES
Cross Reference:
Gambling commission, administrator
staff for: RCW 9.46.080.
and
Chapter 43.33
FINANCE COMMITTEE--INVESTMENT ADVISORY
COMMITTEE
43.22.480
~.Ql1MERC1~1
~ENT-=..§~QRE-=..§I~DARD..§:=-F~ES
IQB
A.!UUl!.!..§I£AT1Ql! ~ND !!lfFOBQ.tl~l!I..:. The department shall prescribe and enforce rules
and regulations which protect the health,
safety, and property of the people of this
state by assuring that all factory built
housing or factory built commercial structures are structurally sound and that the
plumbing, heating, electrical, and other
components thereof are reasonably safe.
Such rules and regulations shall be reasonably consistent with recognized and
accepted principles of safety and structural soundness and in promulgating such
rules and regulations the department shall
consider, so far as practicable the standards and specifications contained in: The
uniform building code (1970), published by
the international conference of buildiug
officials;
the
uniform plumbing code
(1970), published by the international
association of plumbing and mechanical
officials; the uniform mechanical code
(1970), published by the international
conference of building officials and the
international association of plumbing and
mechanical officials; and the national
electrical code (1971), published by the
national fire protection association. Updated issues of these codes and amendments
to such codes shall be considered by the
department.
The department shall set a schedule of
fees which will cover the costs incurred
by the department in the administration
and enforcement of RCW 43.22.450 through
4 3 • 2 2 • 4 90 • [ 19 7 3 1 st e x • s • c 2 2 § 5 ; 1 9 7 0
ex. s.. c 4 4 § 7. ]
1973 RCW SUPP.
[ 403
43.33.050
Il!]]ST~!I ~.Q!ISORI
~QMMII.=
TEE--CREATED--MEMBERSHIP--VACANCIES--MEETINGS--PER
_ExPENsg~~-The~-Is-hereby
created the investment advisory committee
to consist of seven members to be appointed as hereinafter provided:
(1) One person shall be appointed annually by the Washington public employees'
retirement board.
One person shall be
appointed annually by the board of trustees of the washington state teachers'
retirement system.
The original members
appointed pursuant to this
subsection
shall serve for one year, measured from
July 1 of the year in which the appointment is made.
Four persons shall be appointed by
(2)
the state finance committee, who shall be
considered experienced and qualified in
the field of investments and shall not
during the term of their appointment have
a financial interest in or be employed by
any investment brokerage or mortgage servicing firm doing business with the state
finance committee or retirement board. The
original members appointed by the state
finance committee shall serve as follows:
One member shall serve a one-year term;
one member shall serve for a term of two
years; one member shall serve for a term
of three years; and one member shall serve
for a term of four years. All subseguer.t
state finance committee appointees shall
serve for terms of four years. All such
appointive terms shall commence on July 1
of the year in which appointment is made.
(3) One member of the public pension
commission or its successor who shall be
QIEM
]
43.33.050
STATE
GOVERN~ENT--EXECUTIVE
--------------------------------------------------------------------------------------~,gvegbili1Y-,.-1273 1st §.!.!.h £ 103~
one of the members
appointed by
the
governor and who shall be appointed to the
investment advisory committee by the members of the public pension commission for
a two-year term from July 1 of each oddnumb€'red year.
All vacancies shall be filled for the
unexpired term.
Each member shall hold
office until his successor has
been appointed and any member may be reappointed
for additional terms.
The investment advisory committee shall
meet at least quarterly at such times as
i t may fix.
Each member shall receive fifty dollars
for each day or portion thereof spent
discharging
his official duties as
a
member
of the advisory committee and
necessary expenses and other actual
mileage or transportation costs as provided in
RCW 43.03.060. (1973 1st ex.s.
c
103 §
7. ]
note following
RC~
43.33. 080
llll.§.!ME~! l!Q!JSOR!
COMMITgE-BEVI~!1. Qf ~TATE .f:IN!~CE ~.!H!I!TEE'S
INVESTMENT TRANSACTIONS--REPORTS.
The investi~;t--advisory--committee; in addition
to its other duties,
shall review the
investment transactions of the state finance committee four times each year and
at such additional times as it determines.
The investment advisory committee shall
prepare a written report of its activities
during each quarter.
Each report shall be
submitted not more than thirty days after
the end of the quarter to the state
finance committee, each of the retirement
systems, the public pension commission or
its successor,
the governor, and to any
other person who has personally submitted
a
written request therefor.
( 1973 1st
ex.s. c 103 § 10.]
~,gy,grability
1.273 1.§1 §h§~ £ lQl..:.
note following RCW 2.10.080.
43.33.060
IN!ESTM~~! !DVI~Q~!
~QMMI!=
TEE--LIABILITY OF ME~BERS.
No member of
the-r~vestme~t advisory-committee shall be
liable for
the negligence,
default, or
failure of any other person or other
member of the committee to perform the
duties of his office and no member of the
committee shall be considered or held to
be an insurer of the funds or assets of
any retirement system nor shall any member
be liable for actions performed with the
exercise of reasonable diligence within
the scope of his duly authorized activities as a member of the committee.
[1973
1st ex.s. c 103 § 8.)
~~~£g~ili11=-197j 1§1 ~~~§~
note following RCW 2.10.080.
£
1Ql~
See
2.10.080.
See
~.!l!I.SO'fl.X. £Q!WTI..:
Q£: ACCQQNT~L FILES ANQ
RECORDS.
All accounts, files, and other
records of the state finance committee and
of each of the retirement systems are
subject at any time or from time to time
to such reasonable periodic, special, or
other examinations by the investment advisory committee as the investment advisory
committee deems necessary or appropriate.
(1973 1st ex.s. c 103 § 11.]
43.33.090
INY~MENT
TEE-::~XAMI!i!!ION
~,gvegQUi1Y=1273 1st §!.:.§~ £ 1~~
note following RCW 2.10.080.
See
See
43.33.100
ST_!TE FI~!!i£~
J;~.§~QR~B Qf
B.!Z~
43.33.070
INY]STM~~I !]!l~Q]!
~QMMII=
TEE-POWERS !NO QUTilb
In addition to
its-other-powers and
duties as may be
prescribed by law, the investment advisory
committee shall:
(1)
Make recommendations as to general
investment policies, practices and procedures to the board of the Washington
public employees• retirement system as
constituted under RCW 41.40.030 and 41.26.050 and to the board of trustees of the
washington state teachers' retirement system, regarding those retirement funds
for
vhich they are designated trustees.
(2)
Make recommendations as to general
iLvestment policies, practices and procedures regarding all other investment funds
to the state finance committee.
such boards of trustees and the state
finance committee shall make the final
decision regarding the advice and recommendations submitted by the investment
advisory committee.
[1973 1st ex.s. c 103
§ 9. ]
[
~TAI~
J.li!ESTMENT.§..c.
Chapter 43.37
WEATHER MODIFICATION
WEATHER MODIFICATION BOARD)
(FORMERLY:
43.37.010
DEFINITIONS.
As used
in
this chapter,-u~Iess~e-context requires
otherwise:
(1)
"Department" means the department
of ecology;
(2)
"Operation"
means the performance
of weather modification and control activities pursuant to a single contract entered into for the purpose of producing or
attempting to produce, a certain modifying
effect within one geographical area over
one continuing time interval not exceeding
one year; or, in case the performance of
weather modification and control activities is to be undertaken individually or
jointly by a
person or
persons to be
404
]
WEATHER MODIFICATION
43.37.060
--------------------------------------------------------------------------------------benefited and not undertaken pursuant to a
contract, "operation" means the performance of weather modification and control
activities en~ered into for the purpose of
producing, or attempting to produce, a
certain modifying effect within one geographical area over one continuing time
interval not exceeding one year;
(3)
"Research and development" means
theoretical analysis exploration and experimentation, and the extension of investigative
findings
and theories of a
scientific or technical nature into practical application for experimental and
demonstra~ion purposes, including the
experimental production and testing of models, devices, equipment, materials, and
processes;
(4)
"Weather modification and control"
means changing or controlling, or attempting to change or central, by artificial
methods, the natural development of any or
all atmospheric cloud forms or precipitation forms which occur in the troposphere.
[1973 c 64 § 1;
1965 c 8 § 43.37.010.
Prior: 1957 c 245 § 1.]
43.37.020
BOARD ESTABLISHED--COMPOSI.'J:IO!L A~fQINTMENT::-.QJ!A1IFICATIONS: COMPEN=
§!.'J:IO!L .QJ!Q]Y~~ [1965 c 8 § 43.37.020.
Prior:
1961 c 154 § 1; 1957 c 245 § 2.]
Repealed by 1973 c 64 § 19.
43.37.030
~Q~~§ Ali~ ~UTI~2~
In the
performance of its functions the department may, in addition to any other acts
authorized by law:
(1)
Establish advisory committees to
advise with and make recommendations to
the department concerning
legislation,
policies, administration, research, and
other matters;
(2) Establish by regulation or order
such standards and instructions to govern
the carrying out of research or projects
in weather modification and control as the
department may deem necessary or desirable
to minimize danger to health or property;
and make such rules and regulations as are
necessary in the performance of its powers
and duties;
(3)
Make such studies, investigations,
obtain such information, and hold such
hearings as the department may deem necessary or proper to assist it in exercising
its authority or in the administration or
enforcement of this chapter or any regulations or orders issued thereunder;
(4) Appoint and fix the compensation of
such personnel, including specialists and
consultants, as are necessary to perform
its duties and functions;
(5)
Acquire, in trre manner provided by
law, such materials, equipment, and facilities as are necessary to perform its
duties and functions;
(6) Cooperate with public or private
agencies in the performance of the department's functions or duties and in furtherance of the purposes of this chapter;
1973 RCW SUPP.
[ 405
(7)
Represent the state in any and all
matters pertaining to plans, procedures,
or negotiations for interstate compacts
relating to weather modification and control.
[1973 c 64 § 2;
1965 c 8 §
43.37.030.
Prior:
1957 c 245 § 3.]
43.37.~40
fRQ~OTJQH
QI B~2~AB£B AN~
DE1ELQfH]]1
ACTIVITIES--CONTRACTS
AND
AGg~~~ENTs~ The-aepartien~shaii-exercise
its powers in such manner as to promote
the continued conduct of research ar.d
development activities in the fields specified below by private or public ~nstitu­
tions or persons and to assis~ in the
acquisition of an expanding fund of theoretical and practical knowledge in such
fields. To this end the department may
conduct, and make arrangements, including
contracts and agreements, for the conduct
of, research and development activities
relating to:
(1)
The theory and development of methods of weather modification and control,
including processes, materials, and devices related thereto;
(2)
Utilization of weather modification
and control for agricultural, industrial,
commercial, and other purposes;
(3)
The protection of life and property
during research and operational activities.
(1973 c 64 § 3; 1965 c 8 §
43.37.040. Prior:
1957 c 245 § 4.]
43.37.050
HE!B!lig gRo~~QQRE~
In the
case of hearings pursuant to Rcw 43.37.180
the department shall, and in other cases
may, cause a record of the proceedings to
be taken and filed with the department,
together with its findings and conclusions.
For any hearing, the director of
the department or a representative designated by him is authorized to administer
oaths and affirmations, examine witnesses,
and issue, in the name of the departmen~,
notice of the hearing or subpoenas requiring any person to appear and testify, or
to appear and produce documents, or both,
at any designated place. [ 1973 c 64 § 4;
1965 c 8 § 43.37.050. Prior:
1957 c 245
§ 5. ]
43.37.060
ACCEPTAN~~ Ql
§lll~L
DONA=
TIQli§L ETC.:..
( 1)
The department may,
subject to any limitations otherwise imposed by law, receive and accept for and
in the name of the state any funds which
may be offered or become available from
federal grants or appropriations, private
gifts, donations, or bequests, or any
other source, and may expend such funds,
subject to any limitations otherwise provided by law, for the encouragement of
research
and development by a state,
public, or private agency. either
by
direct grant, by contract or other cooperative means.
(2)
All license and permit fees paid to
the department shall be deposited in the
]
43.37.060
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------------------------------------------------state general fund.
( 1913 c 64 § 5;
1965
c 8 § 43.37.060. Prior:
1957 c 245 § 6.)
43.37.070
2TA!f 2~RVICES 1 &ATERIAL2~
OFFICE
SPACE--EXPENSES.
[1965 c 8 §
43.37:o70:-Prior!--1957 c 245 § 7. J
Repealed by 1973 c 64 § 19.
43.37.C80
1!£~!2~ !ND ~IT REQUIRED~
Except as provided in RCW 43.37.090, no
person shall engage in activities for
weather modification and control except
under and in accordance with a license and
a permit issued by Lhe department authorizing such activities. [1973 c 64 § 6;
1965 c 8 § 43.37.080. Prior:
1957 c 245
§ 8. ]
43.37.090
~!liMPIION~
The department,
to the extent it deems practical, shall
provide by regulation for exempting from
license, permit, and liability requirements,
( 1)
research and development and
experiments by state and federal agencies,
institutions of higher learning, and bona
fide nonprofit research organizations; (2)
laboratory research and experiments; (3)
activities of an emergent character for
protection against fire, frost, sleet, or
fog; and (4) activities normally engaged
in
for purposes other than those of
inducing, increasing, decreasing, or pre~
venting precipitation or hail. [ 1973 c 64
§ 7; 1965 c 8 § 43.37.090.
Prior:
1957 c
245 § 9. ]
1ICEN2li2=-R~~UIRE&~MTSA
DU=
~ENEWA~
FE~2~
(1) Licenses to
43.37.100
~ATIQ!L
engage in activities for weather modification
and control shall be issued to
applicants therefor who pay the license
fee required and who demonstrate competence in the field of meteorology to the
satisfaction of the department, reasonably
necessary to engage in activities for
weather modification and co£trol. If the
applicant is an organization, these requirements must be met by the individual
or individuals who will be in control and
in
charge
of the operation for the
applicant.
(2}
The department shall issue licenses
in accordance with such procedures and
subject to such conditions as it may by
regulation establish to effectuate the
provisions of this chapter. Each license
shall be issued for a period to expire at
the end of the calendar year in which it
is issued and, if the licensee possesses
the qualifications necessary for the issuance of a new license, shall upon application be renewed at the expiration of such
period.
A license shall be issued or
renewed only upon the payment to the
department of one hundred dollars for the
license or renewal thereof. [1973 c 64 §
8; 1965 c 8 § 43.37.100. Prior:
1957 c
245 § 10. J
[ 406
43.3 7. 110
PERI1ITS-=.fiEQUilll'IEID=.!mABIN2 AS TO ISSUANCE.
The department shali
1ssue--permits--in--accordance with such
procedures and subject to such conditions
as it may by regulation establish to
effectuate the provisions of this chapter
only:
(1}
If the applicant is licensed pursu•
ant to this chapter;
(2)
If a sufficient notice of intention
is published and proof of publication is
filed as required by RCW 43.37.140;
(3}
If the applicant furnishes proof of
financial responsibility, as provided in
RCW 43.37.150, in an amount to be determined by the department but not to exceed
twenty thousand dollars;
(4)
If the fee for a permit is paid as
required by RCW 43.37.160;
(5)
If the weather modification and
control activities to be conducted under
authority of the permit are determined by
the department to be for the general
welfare and public good;
(6)
If the department has held an open
public hearing in Olympia as to such
issuance. (1973 c 64 § 9; 1965 c 8 §
43.37.110. Prior:
1961 c 154 § 2; 1957 c
245§11.]
g.f!RA!li .flli!ll.I FO,R ~~!! QE:
AND PUB1_ISHI]§ !!QTJC£; Qf.
INTENTION--ACTIVITIES RESTRICTED BY PERMIT
43.37.120
~!!hiiON-FIJ.Ilig
ANn-~QTICE:--A-separate--permi~ sha~be
issued
for each operation.
Prior to
undertaking any weather modification and
control activities the licensee shall file
with the department and also cause to be
published a notice of ir.tention.
The
licensee, if a permit is issued, shall
confine his activities for the permitted
operation within the time and area limits
set forth in the notice of intention,
unless modified by the department; and his
activities
shall also conform to any
conditions imposed by the department upon
the issuance of the permit or to the terms
of the permit as modified after issuance.
[1973 c 64 § 10; 1965 c 8 § 43.37.120.
Prior: 1961 c 154 § 3; 1957 c 245 § 12.]
43.37.140
NOTICE OF INTENTION--PUBLICA!IQ!~ <1>
The--app1Icant--sha11--cau5e
the notice of intention, or that portion
thereof including the items specified in
RCW
1.+3. 37.130, to be published at least
once a week for three consecutive weeks in
a legal newspaper having a general circulation and published within any county in
which the operation is to be conducted and
in which the affected area is located, or,
if the operation is to be conducted in
more than one county or if the affected
area is located in more than one county or
is located in a county other than the one
in which the operation is to be conducted,
then in a legal newspaper having a general
circulation and published within each of
such counties.
In case there is no legal
newspaper published within the appropriate
]
WEATHER MODIFICATION
43.37.900
--------------------------------------------------------------------------------------but not inconsistent with the provisions
of this chapter, covering each operation
for which a permit is issued.
Further,
the department shall require written reports from such organizations as
are
exempted from license, permit, and liability requirements as provided
in
RCW
43.37.090.
(3)
The reports and records in the
custody of the department shall be open
for public examination.
( 1973 c 64 § 14;
1965 c 8 § 43.37.170.
Prior:
1957 c 245
§ 17. 1
county, publication shall be made in a
legal newspaper having a general circulation within the county;
(2)
Proof of publication, made in the
manner provided by law, shall be filed by
the licensee with the department within
fifteen days from the
date of
the last
publication of the notice. [1973 c 64 §
11; 1965 c 8 § 43.37.140.
Prior:
1961 c
154 § 4; 1957 c 245 § 14.]
43.37.150
FINANCIAL
RESPONSIBILITY.
Proof of financialresponsibilityiiiay
furnished by an applicant by his showing,
to the satisfaction of the department, his
ability to respond in damages for liability which might reasonably be attached to
or result from his weather modification
and control activities in connection with
the operation for which he seeks a permit.
[1973 c 64 § 12; 1965 c 8 § 43.37.150.
Prior: 1957 c 245 § 15.]
be
43.37.180
REYQ£ATIONL 2QSPENSIQ~L MOQ=
.QI LICENSE OR PER !'liT.
( 1)
The
department
may--suspena--or-revoke any
license or permit issued if it appears
that the licensee no longer possesses the
qualifications necessary for the issuance
of a new license or permit. The department may suspend or revoke any license or
permit if it appears that the licensee has
violated any of the provisions of this
chapter.
Such suspension or revocation
shall occur only after notice to the
licensee
and a reasonable opportunity
granted such licensee to be heard respecting the grounds of the proposed suspension
or revocation.
The department may refuse
to renew the license of, or to issue
another permit to, any applicant
who has
failed to comply with any provision of
this chapter.
(2)
The department may modify the terms
of a permit after issuance thereof if the
licensee is first given notice and a
reasonable opportunity for a
hearing respecting the grounds for the proposed
modification and if it appears to the
department that it is necessary for the
protection of the health or the property
of any person to make the modification
proposed. ( 1973 c 64 § 15;
1965 c
8 §
43.37. 180. Prior:
1957 c 245 § 18. 1
IFICATIO~
43.37.160
FEES--SANCTIONS FOR FAILURE
PAY.
The Tee-t'Ot;e-paid:--b-y--eac;h
applicant for a permit shall be equivalent
to one and one-half percent of the estimated cost of such operation, the estimated cost to be computed by the department
from the evidence available to it.
The
fee is due and payable to the department
as of the date of
the issuance of the
permit; however, if the applicant is able
to give to the department satisfactory
security for the payment of the balance,
he
may be per~itted to commence the
operation, and a
permit may be issued
therefor,
upon the payment of not less
than fifty percent of the fee.
The
balance due shall be paid within three
months from the date of the termination of
the operation as prescribed in the permit.
Failure to pay a permit fee as required
shall be grounds for suspension or revocation of the license of the delinquent
permit holder and grounds for refusal to
renew his license or to issue any further
permits to such person.
[1973 c 64 § 13;
1965 c 8 § 43.37.160.
Pr:ior:
1957 c
245
§ 16. ]
ro
43.37.190
~!!~ILITX
Qf STATE Q~~IED==
LEGAL RIGHTS OF PRIVATE PERSONS NOT AFFE£TED:-~thing-in~his chapter shall-be
construed to impose or accept any liability or responsibility on the part of the
state, the department, or any state officials or employees for any weather modification and control activities of
any
private person or group, nor to affect in
any way any contractual, tortious,
or
other legal rights, duties, or liabilities
between any private persons or groups.
(1973 c
64 § 16; 1965 c 8 § 43.37.190.
Prior:
1957 c 245 § 19.]
RECQ]DS AND REPOlii2--0REN !Q
(1)
Every licensee
shall keep and maintain a record of all
operations conducted by him pursuant to
his license and each permit, showing the
method employed,
the type of equipment
used, materials and amounts thereof used,
the times and places of operation of the
equipment, the name and post office address of each individual participating or
assisting in the operation other than the
licensee,
and such other general information as may be required by the department
and shall report the same to the department at the time and in the
manner
required.
(2)
The department shall require written reports in such manner as it provides
43.37.170
fUBLI~
]!!~!NATIQ~~
1973 RCW SUPP.
(
43.37.900
REVOLVING ACCOUNT ABOLISHED.
The weather modificationboard-revolving
account is hereby abolished.
Any funds
remaining in such account shall be transferred to the general fund.
[1973 c 64 §
17. ]
407
1
43.37.910
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------------------------------------------------ij3.37.910
EFFECTIVE DATE--1973 C 64.
The effectiv~ date-of-this-,g~amendatory
act shall be July 1, 1973. (1973 c
64 §
, 8. ]
Chapter 43.43
WASHINGTON STATE PATROL
cross Reference:
Gambling activities,
Chapter 9.46 RCW.
as
affecting:
43.43.020
APPgiNTMENT OF
R~QNNEL~
The governor shall appoint the chief of
the Washington state patrol, determine his
compensation, and may remove him at will.
The chief shall appoint a sufficient
number of competent persons to act as
Washington state patrol officers,
may
remove them for cause, as provided in this
chapter, and shall make promotional appointments,
determine their compensation,
and define their rank and duties, as
hereinafter provided.
The chief may appoint employees of the
Washington state patrol to serve as special deputies, with such restri~ted police
authority as the chief shall designate as
being necessary and consis~ent with their
assignment to duty.
Such appointment and
conferral of authority shall not qualify
said
employees for membership in the
washington state patrol retirement system,
nor shall it gran~ tenure of office as a
regular officer of the Washington state
patrol.
(1973 1st ex.s. c 80 § 1; 1965 c
8 § 43.43.020.
Prior:
1949 c
192 § 1;
1933 c 25 § 3; Rem. Supp. 1949 § 6362-61.]
occupation shall not exceed the basic
salary currently being paid for the rank
the retired officer held at the time he
was disabled.
All such disability beneficiaries under age fifty shall file with
the chief every six months a signed and
sworn statement of earnings and any person
who shall knowingly swear falsely on such
statement shall be subject to prosecution
for perjury.
Should the earning capacity
of such beneficiary be further altered,
the chief may further alter his disability
retirement allowance as indicated above.
The failure of any officer to file the
required statement of earnings shall be
cause
for
cancellation of retirement
benefits.
Such officers shall receive one-half of
their compensation at the existing wage,
during the time the disability continues
in effect, less any compensation received
through
the
department of labor and
industries.
They shall be subject to mental or physical examination at any state institution
or otherwise under the direction of the
chief of the patrol at any time during
such relief from duty to ascertain whether
or not they are able to resume active
duty.
(1973 2nd ex.s. c 20 § 1; 1965 c 8
§ 43.43.040.
Prior:
1947 c 17ij § 1; 1943
c 215 § 1; RRS § 6362-65.]
43.43.040
QI~!~ILII1 Qf
gATRgb OF!I=
CERS.
The chief of the Washington state
patrol shall relieve from active duty
washington
state patrol officers who,
while in the performance of their official
duties,
or while on standby or available
for duty, have been or hereafter may be
injured or incapacitated to such an extent
as to be mentally or physically incapable
of active service:
PROVIDED, That:
(1)
Benefits under this section for a disability
that is incurred while in other
employment will be reduced by any amount
the officer receives or is entitled to
receive from workmen's compensation,
social
security,
group insurance,
other
pension plan, or any other similar source
provided by another employer on account of
the same disability:
AND PROVIDED FURTHER,
That an officer injured while engaged in wilfully tortious or criminal
conduct shall not be entitled to disability benefits under this section.
{2)
Should
a disability beneficiary
whose disability was not incurred in line
of duty,
prior to attaining age fifty,
engage in a gainful occupation, the chief
shall reduce the amount of his retirement
allowance to an amount which when added to
the compensation earned by him in such
[ 408
43.43.120
DEFINITIONS.
sections:-
PATROL RETIREMENT SYSTEM-As use"d-iii--ti~e following
(1)
"Retirement
system"
means
the
Washington state patrol retirement system.
1'Retirement
(2)
fund"
means
the
washington state patrol retirement fu~d.
11 State
{3)
treasurer" means the treasurer of the state of Washington.
(4)
"Member" means any person included
in the membership of the retirement fund.
{5)
"Employee" means any commissioned
employee of the washington state patrol.
{6)
"Beneficiary" means any person in
receipt of retirement allowance or any
other benefit allowed by this chapter.
(7)
"Regular interest" means interest
compounded annually at such rates as may
be determined by the retirement board.
(8)
"Retirement board" means the board
provided for in this chapter.
(9)
"Insurance commissioner" means the
insurance commissioner of the state of
washington.
(10)
"Lieutenant governor" means the
lieutenant
governor
of the state of
Washington.
{11)
"Service" shall mean services rendered to the state of Washington or any
political subdivisions thereof for which
compensation has been paid.
Full time
employment for ten days or more in any
given calendar month shall constitute one
month of service. Only months of service
shall be counted in the computation of any
retirement
allowance or other benefit
provided for herein.
Years of service
shall be determined by div.iding the total
J
WASHINGTON STATE PATROL
43.43.260
----------------------------------------------------------------------------------~---
number of months of service by twelve. Any
fraction of a year of service as so
determined shall be taken into account in
the computation of such retirement allowance or benefit.
(12)
"Prior service" shall mean all
services rendered by a member to the state
of washington, or any of its political
subdivisions prior to August 1,
1947,
unless such service has been credited in
another public retirement or pension system operating in the state of washington.
(13)
flCurrent service" shall mean all
service as a member rendered on or after
Aug'Ust 1, 1947.
(14)
"Average final salary" shall mean
the average monthly salary r€ceived by a
member
during his last two years of
service or any consecutive two year period
of service,
whichever is the greater, as
an employee of the Washington state patrol; or if he has less than two years of
service, then the average monthly salary
received by him during his total years of
service.
(15)
"Actuarial equivalent" shall mean
a benefit of equal value when computed
upon the basis of such mortality table as
may be adopted and such interest rate as
may be determined by the board.
(16)
Unless the context expressly indicates otherwise, words importing the masculine gender shall be extended to include
the feminine gender and words importing
the feminine gender shall be extended to
include the masculine gender.
(1973 1st
ex.s. c 180 § 1; 1969 c 12 § 1; 1965 c 8 §
43.43.120.
Prior:
1955 c 244 § 1; 1953 c
262 § 1; 1951 c 140 § 1; 1947 c 250 § 1;
Rem. Supp. 1947 § 6362-81. J
43.43.220
~~IIgEMENT
FUND--EXPENSES-BY
STATE:----(,-)
CONTRIBUTIONS
Washington--state patrol retirement fund
shall be the fund from which shall be paid
all retirement allowances or benefits in
lieu thereof which are payable as provided
herein.
The expenses of operating the
retirement system shall be paid
from
appropriations made for the operation of
the washington state patrol.
(2)
The "fundable employer liability"
at any date shall be the present value of:
(a)
All future pension benefits payable
in respect of all members in the retirement system at that date, and
(b)
All future benefits in respect of
beneficiaries then rece~v~ng retirement
allowances or pensions.
(3)
The contributions by the state for
benefits under the retirement system shall
consist of the sum of a percentage of the
compensation of members to be known as the
11 norma·l contr ibution 11 ,
and a percentage of
such compensation to be known as the
"unfunded liability contribution".
The
rates of such contributions shall
be
~etermined
by the retirement board on the
basis of assets and liabilities as shown
by actuarial valuation.
-----The
1973 RCW SUPP.
[ 409
(4)
After the completion of each actuarial
valuation,
the retirement board
shall determine or redetermine the normal
contribution rate and such contribution
rate shall become effective in the ensuing
biennium.
Until the unfunded liability
contribution shall have been discontinued,
such normal contribution rate shall be
computed to be sufficient, when applied to
the present value of the future compensation of the average new member entering
the system, to provide for the paysent of
all prospective pension benefits in respect of such member.
After the unfunded
liability contributions have been discontinued,
such normal contribution rate
shall be determined as the uniform and
constant percentage of the prospective
compensation of all members in the retirement system at the date of such valuation
which is equivalent to the excess of the
fundable
employer
liability over the
amount of funds currently standing to the
credit of the retirement fund.
(5)
After the completion of each actuarial
valuation, the retirement board
shall determine or redetermine the unfunded liability contribution rate, and such
rate shall become effective in the ensuing
biennium.
The unfunded liability contribution rate shall not be less than the
uniform and constant percentage of the
prospective compensation of all members in
the retirement system for the forty-year
period following the date of such valuation which is equivalent to the unfunded
liability. The unfunded liability shall
be determined at such date as the excess
of the fundable employer liability over
the sum of the present value of the future
normal contributions payable in respect of
all members in the retirement system at
that date, and the amount of all funds
currently standing to the credit of the
retirement fund.
The unfunded liability
contributions shall continue until there
remains no unfunded liability.
(6)
The retirement board shall estimate
biennially the amount required to maintain
the retirement fund for the ensuing biennium. [1973 1st ex.s. c 180 § 2; 1965 c 8
§ 43.43.220.
Prior:
1961 c 93 § 1; 1957
c 162 § 2; 1951 c 140 § 3; 1947 c
250 §
11; Rem. Supp. 1947 § 6362-91.]
43.43.260
~tNtFII~~
Upon retirement
from service as provided in RCW 43.43.250,
a member shall be granted a retirement
allowance which shall consist of:
(1}
A prior service annuity which shall
be equal to two percent of the member's
average final salary multiplied by the
number of years of prior service rendered
by the member.
(2)
A current service annuity which
shall be equal to two percent of the
member's average final salary multiplied
by the number of years of service rendered
while a member of the retirement system.
(3)
Any member with twenty-five years
service in the washington state patrol may
]
43.43.26C
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------------------------------------------------have his S€rvice in the armed forces
credited to him as a member whether or not
he left the employ of the Washington state
pa~rol
to enter such armed forces:
PROVIDED, That in no instance shall military
service in excess of five years be credited:
AND PROVIDED FURTHER, That in each
instance, a member must restore all withdrawn accumulated contributions,
which
restoration must be completed on the date
of his retirement, or within five years of
membership serv~ce following his first
resumption of employment, whichever occurs
first:
AND PROVIDED FURTHER,
That this
section shall not apply to any individual,
no~
a veteran within the meaning of RCW
41.06.150, as now or hereafter amended:
AND PROVIDED FURTHER, That in no instance
shall military service be credited to any
member who is receiving full military
retirement benefits pursuant to Title 10
United States Code,
as now or hereafter
amended.
(4)
In no event shall the total retirement benefits from subsections
(1),
(2)
and
(3)
of this section, of any member
exceed seventy-five percent of the member's average final salary.
(5)
A yearly increase in retirement
allowance which shall amount to two percent of the retirement allowance computed
at the time of retirement. This yearly
increase shall be added to the retirement
allowance on July 1st of each calendar
year.
The provisions of this section shall
apply to all members presently retired and
to all members who shall retire in the
future.
The retirement allowance of all
members presently retired shall be recomputed and shall in the future be paid in
accordance with the benefits provided in
this section. (1973 1st ex.s. c 180 § 3;
1971 ex.s. c 278 § 1; 1969 c 12 § 4; 1965
c 8 § 43.43.260. Prior: 1963 c 175 § 2;
1957 c 162 § 4; 1955 c 244 § 2; 1951 c 140
§ 5; 1947 c 250 § 15; Rem.
Supp.
1947 §
6362-95.]
The normal
43.43. 270
ANNUITIES.:.
(1)
form of retirement allowance shall be an
annuity which shall continue as long as
the member lives.
(2)
If a member should die while in
service his lawful spouse shall be paid an
annuity which shall be egual to fifty
percent of the average final salary of the
member.
If the member should die after
retirement his lawful spouse shall be paid
an annuity which shall be equal to the
retirement allowance then payable to the
member or fifty percent of the final
average
salary used in computing his
retirement allowance, whichever is less.
The annuity paid to the lawful spouse
shall continue as long as she lives or
until she remarries. To be eligible jor
an annuity the lawful surviving spouse of
a retired member shall have been married
to the member prior to his retirement and
continuously thereafter until the date of
his death or shall have been married to
the ~etired member at least two years
prior to his death.
(3)
If a member should die, either
while in service or after retirement, his
surviving children under the age of eighteen years shall be provided for in the
following manner:
(a)
Each unmarried child under eighteen
years of age shall be entitled to a
benefit equal to five percent of the final
average salary of the member or retired
member.
The combined benefits to the
surviving spouse and all children shall
not exceed sixty percent of the final
average salary of the member or retired
member.
(4)
If a member should lose or has lost
his life in the line of duty
while
employed by the Washington state patrol,
his surviving children under the age of
twenty years and eleven months if attending any high school, college, university,
or vocational or other educational institution accredited or approved by the state
of Washington shall hereafter be entitled
to a benefit egual to five percent of the
final average salary of the member. The
combined benefits to the surviving spouse
and all children shall not exceed sixty
percent of the final average salary of the
member:
PROVIDED, That if a beneficiary
under this section shall reach the age of
twenty-one years during the middle of a
term of enrollment the benefit
shall
continue until the end of said term.
(5)
The prov~s1ons of this
section
shall apply to members who have been
retired on disability as provided in RCW
43.43.040 if the officer was a member of
the washington state patrol retirement
system at the time of such disability
retirement and if all contributions paid
to the retirement fund have been left in
the retirement fund.
In the event that
contributions have been refunded to a
member on disability retirement, he may
regain eligibility for survivor's benefits
by repaying to the retirement fund the
total amount refunded to him plus two and
one-half percent interest, compounded annually, covering the period during which
the refund was held by him.
( 197 3 2nd
ex.s.
c 14 § 3; 1973 1st ex.s. c 180 § 4.
Prior:
1969 c 12 § 6; 1965 c 8 §
43.43.270;
prior:
1963 c 175 § 3; 1961 c
93 § 2; 1951 c 140 § 6; 1947 c 250 § 16;
Rem. Supp. 1947 § 6362-96.]
43.43.280
REPAYMENT OF CONTRIBUTIONS
ON ~EATH Q~ TERMINATION OF- EMPLOYMENT
~~~CTIQH !Q RECEIV~-REPUCED--RETIREMEMI
ALLOWANCE AT AGE--FIFTY-FIVE.
a
ieiberdles -before retirement. and has no
surviving spouse or children under the age
of eighteen years, all contributions made
by him with interest at two and one-half
percent compounded annually shall be paid
to such person or persons as he shall have
nominated by written designation
duly
executed and filed with the retirement
( 410 ]
=
-·r;;---ri
WASHINGTON STATE PATROL
43.43.850
--------------------------------------------------------------------------------------board, or if there be no such designated
person or persons, then to his legal
representative.
(2) If a member should cease to be an
employee before attaining age sixty for
reasons other than his death, or retirement, he shall thereupon cease to be a
member except as provided under RCW 43.43.130 (2} and (3) and, he may withdraw his
contributions to the retirement fund, with
interest at two and one-half
percent
compounded annually, by making application
therefor to the retirement board, except
that:
A member who ceases to be an
employee after having completed at least
five years of service shall remain a
member during the period of his absence
from employment for the exclusive purpose
only of receiving a retirement allowance
to begin at attainment of age sixty,
however such a member may upon thirty days
written notice to the board elect to
receive a reduced retirement allowance on
or after age fifty-five which allowance
shall be the actuarial equivalent of the
sum necessary to pay regular retirement
benefits as of age sixty: PROVIDED,
That
if such member should withdraw all or part
of his accumulated contributions, he shall
thereupon cease to be a member and this
subsection shall not apply.
[ 1973 1st
ex.s. c 180 § 5; 1969 c 12 § 7; 1965 c 8 §
43.43.280. Prior:
1961 c 93 § 3; 1951 c
140 § 7; 1947 c 250 § 17; Rem. Supp. 1947
§ 6363-97.]
43.43.745
~oNviC!]]
PERaQMaL KING]]~
i.!!IM!INQ REQUIR]Jk. ill!f:;QRDa=I.!!B1Q~L IN~
f.QBMATIQ] .!Q SECTIOJ!L 1!Q!J~] .!Q LOCA,b
AGE~l]~=-ARR]~.!~L
]l~POaiTJQM
lli~QNVIC.I.!2L
JNFO,BMATJON IQ
lfQIIC] IQ 10C_A1 ,AGENC];].~
(1)
INFQBMA~
g.fllil!.L
It shall
be the duty of the sheriff or director of
public safety of every county, of the
chief of police of each city or town, or
of every chief officer of other
law
enforcement agencies operating within this
state, to record the fingerprints of all
persons held in or remanded to their
custody when convicted of any crime as
provided for in RCW 43.43.735 for which
the penalty of imprisonment might
be
imposed and to disseminate and file such
fingerprints in the same manner as those
recorded
upon arrest pursuant to RCW
43.43.735 and 43.43.740.
(2)
Every time the secretary authorizes
a furlough as provided for in RCW 72.66.012 the department of social and health
services shall notify, forty-eight hours
prior to the beginning of such furlough,
the section that the named prisoner has
been granted a furlough, the place to
which furloughed, and the dates and times
during which the prisoner will be on
furlough status.
In the case of
an
emergency furlough the forty-eight hour
time period shall no~ be required but
notification shall be made as promptly as
possible and before the prisoner is released
on furlough.
Upon receipt of
1973 RCW SUPP.
[ 411
furlough information pursuant to the provisions of this subsection the section
shall notify the sheriff or director of
public safety of the county to which the
prisoner is being furloughed, the nearest
attachment of the Washington state patrol
in the county wherein the
furloughed
prisoner shall be residing and such other
criminal justice agencies as the section
may determine should be so notified.
(3)
Disposition of the charge for which
the arrest was made shall be reported to
the section at whatever stage in the
proceedings a final disposition occurs by
the arresting law enforcement
agency,
county prosecutor, city attorney, or court
having jurisdiction over the
offense:
PROVIDED, That the chief shall promulgate
rules pursuant to chapter 34.04 RCW to
carry
out
the
provisions
of
this
subsection.
(4}
Whenever a person serving a sentence for a term of confinement in a state
correctional facility for convicted felons,
pursuant to court commitment, is
released on an order of the state board of
prison terms and paroles, or is discharged
from custody on expiration of sentence,
the department of social and health services shall promptly notify the section
that the named person has been released or
discharged, the place to which such person
has been released or discharged,
and the
conditions of his release or discharge,
and shall additionally notify the section
of change in residence or conditions ~f
release or discharge of persons on active
parole supervision, and shall notify the
section when persons are discharged from
active parole supervision.
No city, town, county, or local law
enforcement
authority or other agency
thereof may require that a convicted felon
entering, sojourning, visiting, in transit, or residing in such city, town,
county, or local area report or make
himself known as a convicted felon or make
application for and/or carry on his person
a felon identification card or
other
registration
document.
Nothing herein
shall, however, be construed to prevent
any local law enforcement authority from
recording the residency and other informa•
tion concerning any convicted felon or
other person convicted of a
criminal
offense when such information is ob~ained
from a source other than from such requirement which sourc~ may include any
officer or other agency or subdivision of
the state.
[1973 c 20 § 1; 1972 ex.s. c
152 § 10.]
43.43.850
CRIME JNTELblGE!CE
UNIT-CREATED.
There--is hereby created In-the
Washington state patrol an organized crime
intelligence unit which shall be under the
]
43.43.850
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------------------------------------------------direction of the chief of the Washington
state patrol. ( 1973 1st ex.s. c 202 § 1.]
43.43.852
"ORGANIZED CRIME" DEFINED.
For the purpose;-otacw43.43:s5c through
43.43.864 "organized crime" means those
activities which are conducted and carried
on by members of an organized, disciplined
association, engagBd in supplying illegal
goods
and services and/or engaged in
criminal activities in contravention of
the laws of this state or of the United
States. [ 1973 1st ex.s. c 202 § 2.]
43.43.854
POWERS !li~ DUTIES OF £giM~
INTEL1IG~E£~ MEli~-- The organized cr~me
intelligence unit shall collect, evaluate,
collateL and analyze data and specific
investigative information concerning the
existence, structure, activities and operations of organized crime and the participants involved therein; coordinate such
intelligence data into a centralized system of intelligence information; furnish
and exchange pertinent intelligence data
with law enforcement agencies and prosecutors with such security and confidentiality as the chief of the Washington state
patrol may determine; develop intelligence
data concerning the infiltration of organized crime into legitimate businesses
within the state of Washington and furnish
pertinent intelligence information thereon
to law enforcement agencies and prosecutors in affected jurisdictions; and may
assist law enforcement agencies and prosecutors in developing evidence for purposes
of criminal prosecution of organized crime
activities upon request. [1973 1st ex.s.
c 202 § 3. 1
43.43.856
DIYQ1Qlli~
INVE~IIGAT!Y~ IN~
ggQMJBI1]B==£QliliDEli!1!11II==SE=
£URIII Qr g~£QgQ~ ANQ IIbES~ (1)
on and
after April 26, 1973 it shall be unlawful
for any person to divulge specific investigative information pertaining to activities related to organized crime which he
has obtained ty reason of public employment with the state of washington or its
political subdivisions unless such person
is authorized or required to do so by
operation of state or federal law.
Any
person violating this subsection shall be
guilty of a felony.
(~)
Except
as
provided
in
RCW
43.43.854, or pursuant to the rules of the
supreme court of Washington, all of the
information and data collected and processed by the organized crime intelligence
unit .shall be confidential and not subject
to examination or publication pursuant to
chapter 42.17 RCW (Initiative Measure No.
276).
(3)
The chief of the Washington state
patrol shall prescribe such standards and
procedures relating to the security of the
records and files of the organized crime
intelligence unit, as he deems to be in
lOR~!TIQ]
the public interest with the advice of the
governor and the board. [1973 1st ex.s. c
202§4.)
43.43.858
ORGANIZEQ fBI]]
lli!~11l~lif!
!.Q.YJ~!li BO!R~CREATED-=~EMBERS!!!.f=:MEET­
IN~PER QI~~~
There is hereby created
the organized crime intelligence advisory
board of the legislature of the state of
iashington.
The board shall consist of
eight members.
The lieutenant governor shall appoint
four members of the senate to the board.
Two memb~rs shall be from the senate ways
and means committee. Two members shall b~
from the senate judiciary committee. The
appointments shall include one member of
each major political party represented on
each committee.
The speaker of the house shall appoint
four members of the house to the board.
Two members shall be from the house ways
and means committee. Two members shall be
from the house judiciary committee. The
appointments shall include one member of
each major political party represented on
each committee.
The members of the board shall be qualified on the basis of knowledge and experi·
ence
in
matters
relating
to crime
prevention and security or with such other
abilities as may be expected to contribute
to the effective performance
of
the
board's duties. The members of the board
shall meet with
the
chief
of
the
Washington state patrol at least twice a
year to perform the duties enumerated in
RCW 43.43.862 and to discuss any other
matters related to organized crime.
!1emw
hers shall receive twenty-five dollars per
diem for each day or major portion thereof
plus reimbursement for actual travel expenses incurred in the performance of
their duties in the same manner as provided for state officials generally in chapter 43.03 RCW as now or hereafter amended.
[1973 1st ex.s. c 202 § 5.]
43.43.860
ORGANIZED CRIME INTELLIGENCE
ADvisoRY BOARD=:TERMs- 0F--MEMBias:---rhe
term-o~each-member-shal~be~wo-years and
shall be conditioned upon such member
retaining membership on the committee on
which he was serving at the time of
appointment and retaining membership in
the same political party of which he was a
member at the time of appointment. ( 1973
1st ~x.s. c 202 § 6.)
43.43.862
ORGANIZED CRIH~ INI~~~I~~
ADVISORY BOARD:=POWERS- !H~ DDTI~~~
The
'board-Shall:------<1)
Advise the governor on the objec·
tives, conduct, man~gement, and coordina·
tion
of
the
various
activities
encompassing the overall state-wide orga•
nized crime intelligence effort;
(2)
Conduct a continuing review and
assessment of organized crime and related
[ 412 ]
43.74.040
BASIC SCIENCE LAW
-------~-------------------------------------------------------------------------------
activities in which the organized crime
intelligence unit of the Washington state
patrol is engaged;
(3)
Receive, consider and take appropriate action with respect to matters
related to the board by the organized
crime intelligence unit of the washington
state patrol in which the support of the
board will further the effectiveness of
the state•wide organized crime intelligence effort; and
(4)
Report to the governor concerning
the board's findings and appraisals, and
make appropriate recommendations for actions to achieve increased effectiveness
of the state•s organized crime intelligence effort in meeting state and national
organized crime intelligence needs. [1973
1st ex.s. c 202 § 7.]
recreational area or resort, and
the
individual or corporation entering such
agreement with the commission shall make
such
improved areas available to the
general public without cost for a period
of at least forty years.
Private individuals may reserve the right to close the
area during periods of fire hazard or
during periods when excess damage would be
caused by public use. [1973 1st ex.s. c
154 § 85; 1965 c 8 § 43.51.570.
Prior:
1961 c 215 § 8.]
43.43.864
l!fQR~!!ION
IQ §~ FURN~HE~
§.Q!~==SECURIT.X=~Q!f.IQEN!IA~!I.!.:.
In
43.74.010
~QMM.III~
CR~!IED==n~~~~S2.:.
There shall be a committee of six members
learned respectively in the basic sciences
to conduct and assist in conducting basic
science examinations of all persons applying for licenses or certificates to practice medicine and surgery, osteopathy,
osteopathy and surgery, chiropractic, podiatry, or drugless therapeutics.
/
The members of the committee shall Ileappointed from time to time by the governor from the fac~lty lists of the University of Washington and washington State
university, and he shall certify the names
of those appointed to the director. Vacancies on the committee shall be filled
by the governor within sixty days after
such vacancy occurs in the same manner as
the original appointment.
[1973 c 77 §
22; 1965 c 8 § 43.74.010. Prior:
1955 c
192 § 3; 1927 c 183 § 1; RRS § 10185-1.]
order to facilitate performance of the
board's functions,
the chief
of
the
Washington state patrol shall make available to the board all information with
respect to organized crime and related
matters which the board may require for
the purpose of carrying out its responsibilities to the governor in accordance
with
the provisions of RCW 43.43.850
through 43.43.864. such information made
available to the board shall be given all
necessary security protection in accordance with the terms and provisions of
applicable laws and regulations and shall
not be revealed or divulged publicly or
privately by members of the board.
[1973
1st ex.s. c 202 § 8.]
43.43.911
SEVERABILITY--1973 1ST EX.S.
£Qb
If anyprovlsionof-t"hisac't;or
its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances is
not affected. [1973 1st ex.s. c 202 § 9.1
~§yg£S~i!~1l==1273 1st §~.:.~ £ 12~~
note following RCW 2.12.030.
See
Chapter 43.74
BASIC SCIENCE LAW
£
Chapter 43.51
PARKS AND RECREATION COMMISSION
YOUTH DEVELOPMENT AND CONSERVATION CORPS
43.51.570
AGREEMENTS WITH PRIVATE PERSONS TO ENROLl~TIONAL--pEOPLi==COMMER=
crAL --AcTiV!TrE5---paaiiEITEO::iuTaai!ZEo
£Losus~~-gr aiiA.
The-commission-ma¥:--b¥
agreement with an individual or company
enroll and supervise additional
young
persons, who shall be furnished compensation, subsistence, quarters, supplies and
materials by the cooperating private company or individual, to develop, maintain
or improve natural and artificial recreational areas for the health and happiness
of the general public. The corps shall
not be engaged in the development,
improvement or maintenance of a commercial
1973 RCW SUPP.
[ 413
43.74.037
WAIVER OF EXAMINATION BY EXAMJ~INQ ~!RD--oR-coMMITTEE--EFricx:- The
committee shall not-~min~--a--person in
the basic sciences when the board or
committee exam~n~ng that person for a
certificate to practice medicine and surgery, osteopathy, osteopathy and surgery,
chiropractic, or podiatry has waived requirements for that person to be examined
in the basic sciences; and that person
shall be eligible to be licensed
to
practice to the same extent as if he had
passed the basic science examination provided for in this chapter. [1973 c 77 §
23; 1971 ex.s. c 227 § 2-.]
43.74.040
APPLICATION
TO
~RA~TICE~
Any person desiring-~0 apply to
the
director for a license to practice medicine and surgery, osteopathy, osteopathy
and surgery, chiropractic, podiatry, or
drugless therapeutics shall first present
to the director his credentials required
by law evidencing his qualifications to be
admitted
to license, or to take the
examination prerequisite to securing a
certificate or license, and if they are
]
43.74.040
STATE GOVERNMENT--EXECUTIVE
----------------------------------------------------------------found satisfactory and the applicant is
eligible to examination the director shall
issue to such applicant a certificate
g~v~ng
the name of the applicant and
certifying that he is entitled to take the
preliminary examination provided for in
this chapter but without specifying the
branch
of therapeutics for which the
applicant has applied for a license, and
upon presentation of such certificate to
the committee, together with a receipt for
an examining fee of ten dollars, the
applicant shall be entitled to take the
examination.
If the preliminary examination is conducted by the director as provided in RCW
43.74.020 it may be given upon the payment
cf the ten dollar examining fee,
and
without
the
pr~liminary
certificate.
[1973 c 71 § 24; 1965 c 8 § 43.74.040.
Prior: 1955 c 192 § 7; 1927 c
183 § 4;
RRS § 10185-4.)
43.74.080
~li~ ftlAPI~] QQ~~ liQI !Rfb!~
This chapter shall not be held to apply to
or interfere in any way with the practice
of religion; nor to any kind of treatment
by prayer: nor to persons legally licensed
prior
to the effective date of this
chapter (1955 c 192 effective date was
June 8,
1955;
1927 c 183 effective date
was June 8, 1927); nor to persons specifically permitted by law to practice without
a license or certificate; nor to any
person
other than those pursuing the
practice of medicine and surgery, osteopathy, osteopathy and surgery, chiropractic,
podiatry, or drugless therapeutics; nor to
the healing art personnel of the public
health service or the armed forces of ~he
united States: who each practice within
the limits of the privilege thus granted
them.
[1973 c 77 § 25;
1965 c 8 §
43.74.080. Prior: 1955 c 192 § 12;
1927
c 1 8 3 § 8 ; RRS § 1 0 18 5- 8. j
Chapter 43.75
STATE BUILDING AUTHORITY-INDEBTEDNESSREFUNDING--BOND ISSUE
(FORMERLY:
STATE BUILDING AUTHORITY)
43.75.010
AY.TI!.QB.il.X
CREATED-COI'll'OSI-
!IQN..:. r 1967 c 162 § 1. J Repea1~d-"by1973
c 9 § 8.
43.75.020
DEFI.!JITION2.:.. [1970 ex.s. c
103 § 1; 1969 ex.s. c 261 § 1; 1967 c 162
§ 2.) Repealed by 1973 c 9 § 8.
43.75.030
LEA~] QB !£QQ!§l!IQ~ OF LAND
ERECT ARR~Q1ED BUILDiNGS--LEASE--TO
IN~!JXQ%ION~ QX liiQB~ bEARNJ]g-~gj~]~~i!
1Q COMMEN~~]]NT QE fQBST]£f!1Q.!l l~]B1Ql~
[1971 ex.s. c 23 § 1; 1971 c 31 § 1; 1970
ex.s. c 103 § 2;
1967 c 162 § 3.]
Repealed by 1973 c 9 § 8.
TO
43. 75.050
Q~LEGAT!ON
QI DESJQ.tf
!@
CONSTRUCTION RESPONSIBILITY--APPROVAL QK
DESI~N~1969-ex:5:-c-2~§ 1i-;96~c- 162
§ 5.] Repealed by 1973 c 9 § 8.
43.75.060
E]NT!b liA!ES~ [1970 ex.s. c
103 § 3; 1969 ex.s. c 27 · § 2; 1967 c 162 §
6.) Repealed by 1973 c 9 § 8.
43.75.070
QliTE~J!!IlQ.!l
Qf fQ2I !ll.Q
AMOUNT TO BE REIMEURSED--RIGHT OF INSTITUTIQ]i !Q-PURCHASE lNTEREs! Qf AUTHQilil !ND
IliB~IN!I] tEA2~
[1970 ex.s. G 103 § 4;
1967 c
162 § 7-]
Repealed by 1973 c 9 §
8.
------- -- ----- ---
~~Ql~~~~li!2 QK CH!RTE~ SAT=
fROQf MEQJ£1]~ ~!Q SUBQ~L
OSTEOPATHYL
OR OSTEOPATHY AND SUHGERY
!ggLICAMI-~22i~ QIHEi-iXiarNATi§~--~=
withstanding any provisions of this chapter to the contrary, an applicant for a
license to practice medicine and surgery,
osteopathy, or osteopathy and surgery, or
podiatry, shall be deemed to have satisfied the requirements of the basic science
law by giving proof satisfactory to the
committee that he has successfully passed
an examination in the basic sciences given
by the national examining board for osteopathic physicians and surgeons, or by an
equivalent body in the case of applicants
for a license to practice medicine and
surgery or podiatry. [1973 c 77 § 26;
1971 ex.s. c 227 § 1. J
43.74.085
I2Il~Q
~!
43.75.080
DISPOSITION OF EXCESS FUNDS
DE!iJVEQ fROM !NY bli!g;==OVERHE!Q llRllii=
TUill~
( 1970 ex.s. c 103 § 5; 1967 c 162
§ 8.] Repealed by 1973 c 9 § 8.
43.75.090
GENERAL POWERS OF AUTHORITY.
(1970 ex.s. c 10~§-6;-;96~c--162--§ 9.]
Repealed by 1973 c 9 § 8.
43. 75.100
~PO§l! Q£: KQNDS=::fY@~ ll.QI
mllhiECI TO tEGIRj1IV] APR].QR]l!!ill;:::;IN;
ll2!ME!ITL illl.U.TI.Qli.:.. (1970 ex.s. C i03 §
7; 1967 c 162 § 10.1 Repealed by 1973 c 9
§ 8.
43.75.105
TRANSFER Qf ~UNDS.
[1972
ex.s. c 64 § 1:-j~pealed bY,973 c 9 §
8.
[ 414 ]
STATE BUILDING AUTHORITY--INDEBTEDNESS--REFUNDING--BOND ISSUE
--------------------------------
BONDS~fQRM~
43.75.120
43.75.215
---------------------------------------------------
fQNDI!IO~~
£Q.Y.~!l..!HTS~ l.!l.TEREST.L .tt!TI!RIT.X.L
~!~::-SR~.:.
~.ill! POW~RS JNCID~].I !l!!B]TO=!~.ttR.QBARY QJ!
IM!~RI_tt ]OND~~ ET~
[1970 ex.s. c 103 §
a; 1969 ex.s. c 27 § 3; 1967 c 162 § 12.]
Repealed by 1973 c 9 § a.
pay all costs incidental thereto and to
the issuance of such bonds.
Such refunding bonds shall not constitute an indebtedness of the state of washington within
the meaning of the debt limitation contained in section 1 of Article VIII of the
washington state Constitution, as amended
by a vote of the people pursuant to HJR
52, 1971 regular session. [1973 c 9 § 1;
1971 ex.s. c 154 § 1.]
GENE]!1 QELIG!!lQ] ~QMDS-=
£Q!]!l,ANTS.L liTC~-SALli==Rg.:.
DEMPTION.
The issuance, sale and retirement-o~said
bonds shall be under the
superv~s~on
and control of the state
finance committee. The committee is authorized to prescribe the form, terms,
conditions, and covenants of the bonds,
the time or times of sale of all or any
portion of them, and the conditions and
manner of their sale, issuance and redemption.
None of the bonds herein authorized
shall be sold for less than the par value
thereof. such bonds shall be paid and
discharged within thirty years of the date
of issuance in accordance with Article
VIII, section 1 of the state Constitution.
The committee may provide
that
the
bonds, or any of them, may be called prior
to the maturity date thereof under such
terms, condi~ions, and prov~s~ons as it
may determine and may authorize the use of
facsimile signatures in the issuance of
such bonds. Such bonds shall be payable
at
such places as the committee may
provide.
The bonds shall pledge the full faith
and credit of the state of Washington and
contain an unconditional promise to pay
the principal and interest when due.
The proceeds from the sale of bonds
authorized by this chapter and any interest earned on the interim investment of
such proceeds, shall be used exclusively
for the purposes specified in this chapter.
[1973 c 9 § 2.]
43.75.205
43.75.130
~ON~==OTll~B
Q~~I~ATIQ.N2==
( 1970 ex.s. c 103 § 9; 1967 c
PROCEEDS.
162§13:-] Repealed by 1973 c 9 § 8.
43.75.140
BONDS==AQRE~~~!l.I
jlTll RYB.:.
CHASER AS TO APPLICATION OF fY!l.~~~
[1970
€X.S. c;- To3-§1o; --,967 c 162 § 14. 1
Repealed by 1973 c 9 § a.
fLE~GE
OF RE!l,I!~ !!l.Q OTHEJi
.ttQRTGAG] Ql LE!~EHOLQ~ A~
SECURITY FOR BONDS OR BORROWED FUNDS-~EFAOki- fOR~f10SQ~E. -(19~ex:S: c-103-§
11; 1967 c 162 § 16.) Repealed by 1973 c
9 § a.
43.75.160
SEVEN.!!~~
QB
43.75.170
LEGISLATURE .tt!.X f!1QVIQ~ AD.:.
DITIONAL MEANS FOR-PAYING BONDS OR COST QK
f.RQJ E~~.!. -[19 67'C 162§ 1?.]-- Repeaie<l bY
1973 c 9 § 8.
43.75.1aO
QB RE2!J!If!
1!H~~!2
18.]
Ql
fLEDG~
~!ATE !l.QI TO 11~!
RJ!QYI~I0]2
I.QB SEfURI!! Q!
]Q]QHOLD]J!§~
[1967 c 162 §
FOB~L
I]R~~
OR
Repealed by 1973 c 9 § 8.
43.75.210
li£~
~~75~00 IQ ~~COM~ EFUPQli ]ffgCTIVE Q!I] QI £Q!l.~TIIQ.:.
TIONAL AMliNDM~!l.I.!. [ 1971 ex.s. c 154 § 2.]
Repealed by 1973 c 9 § B.
f~fiiV]
.43. 75.200
.QENEJ!AL .Q!l1IG!!IQ!l. ~Q!!J22==
]EFUNJllNG::-AJ1Q.!!.NI=AUilJORJTY Qf §!AT] fl.:.
_NANCE fQJ1MII!]] IQ JSSY~
The
state
finance
committe9 shall issue general
obligation bonds of the state in the
amount of seventy-two million one hundred
sixty-seven thousand,
six hundred fifty
dollars,
or so much thereof as may be
required to refund, at or prior to maturity, all indebtedness, including any premium payable with respect thereto and all
interest
thereon,
incurred
by
the
Washington state building authori~y and to
1973 RCW SUPP.
[ 415
43.75.215
GE!l,lili!1 QBLIGATJON ~ONDS==
REDEMPTION--ENFORCEMENT.
The state finance--Gommittee--shal~ on or before June
30th of each year, certify to the state
treasurer the amount ne~ded in the ensuing
twelve months to meet retirement
and
interest requirements of such bonds, and
on July 1st of each year the
state
treasurer shall deposit from any general
state revenues such amount in the state
building authority bond redemption fund
hereby created in the state treasury. The
owner and holder of each of the bonds or
the trustee for any of the bondholders may
by a mandamus or other appropriate proceeding require the transfer and payment
]
43.75.215
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------------------------------------------------of funds as directed
[ 1973 c 9 § 3. )
by
this
Chapter 43.77
PRINTING AND DUPLICATING COMMITTEE
section.
43.75.220
~b~l~g AUTHORIIX CON§I~Q~=
TION ACCOUNT--CREATED--FUNDS.
A building
authority-construction-account is hereby
created in the state treasury. All funds
of the state building authority shall, on
July
t, 1973, be transferred to such
construction account.
Moneys in
such
account shall be disbursed pursuant to
appropriations: PROVIDED, That all moneys
not appropriated prior to said date shall
be deposited in the state building authority bond redemption fund.
[1973 c 9 § 4.)
43.75.225
RE~CI§§lQ]
OF LEASES
AND
AGREEMENTS
AUTHORIZED. -rhe--washington
state~uilding--authOrlty and the state
institutions of higher learning and other
state agencies are hereby authorized to
rescind leases and other agreements en•
tered into prior to February 21,
1973,
pursuant to chapter 43.75 RCW at such time
as all indebtedness incurred by the authority has been paid. [1973 c 9 § 5.)
43.75.230
LEGISLATURE MAY PROVIDE AD.QlliO]!b 1!E!.N~ lQ!! f:'AYl]g ~ONDS.
The
legislature may provide additional means
for raising moneys for the payment of the
principal of and interest on the bonds
authorized
by this chapter,
and this
chapter shall not be deemed to provide an
exclusive method for such payment. [1973
c 9 § 6.]
BONDS ,b]gAL 1]!!~!~! 1Q]
Q'IHEl! PU.!},biC l}Q12! 1~.:. The
bonds authorized by this chapter shall be
a legal investment for all state funds or
funds under state control and for all
funds of any other public body. [1973 c 9
§ 7. ]
43.77.02C
POWERS AN]
11!!TI~2..:.
The
state printing--and duplicating committee
shall hereafter approve or take such other
action as it deems necessary regarding the
purchase or acquisition of any printing,
microfilm, or other duplicating equipment,
other than typewriters or mimeograph machines, by any official or agency of the
state.
Whenever the director of general
administration determines that any official or agency has not
substantially
complied with the provisions of chapters
40.10 and 40.14 RCW, he shall refer to the
committee for approval or other action,
requests received by his agency for the
purchase
or acquisition of files and
filing equipment from the requesting official or agency. [ 1973 c 12 § 1; 1965 c a
§ 43.77.020.
Prior:
1959 c 238 § 2.]
43.77.030
PRillilffi Q.R
Q!
UN!QTHORIZ~
ACQUISITJON
!2,Qg~I£ATlli .r;QUIPM]ll,
fl!OH,il~
ITED~EXCEPTIONS.
Hereafter no state official or agency of the state
shall
acquire
by purchase or otherwise any
printing, microfilm, or other duplicating
equipment, other than typewriters or mimeograph machines, unless authorized by the
state pTinting and duplicating committee
to so acquire.
[1973 c 12 § 2; 1965 c 8 §
43.77.030. Prior:
1959 c 238 § 3.]
Chapter 43.78
PUBLIC PRINTER--PUBLIC PRINTING
43.75.235
llill
j].Q
43.75.900
SEVERABILITY--1973 C 9. If
any prov2s2on ~is-,973-aienaatory-act,
or
its application to any person or
circumstance is held invalid the remainder
of the act, or the application of the
provision to other persons or circumstances is not affected. [1973 c 9 § 9.]
43.75.910
EFFECTIVE DATE--1973 C ~.:.
This 1973 amendatory-act is necessary for
the immediate preservation of the public
peace, health and safety, the support of
the state government and its existing
public institutions and, except as otherwise specifically provided, shall take
effect immediately. (1973 c 9 § 10.]
43.78.150
PU~l£ R.!!INTl~Q lQ~
~Nl£1~
g!b CO~PORP,.lJQ]~ ,H UST .ID; ~ON.£; 11! ~ll.&!=
£2l!TRACTS £:OR QQ!=2f=§.I!TE WO~!i.:.
All
contracts for such work to be done outside
the state shall require that it be executed under conditions of employment which
shall substantially conform to the laws of
this state respecting hours of labor, the
minimum wage scale, and the rules and
regulations
of the industrial welfare
committee regarding conditions of employment, hours of labor, and minimum wages,
and shall be favorably comparable to the
labor
standards and practices of the
lowest competent bidder within the state,
and the violation of any such provision of
any contract shall be ground for cancellation thereof. [ 1973 1st ex. s. c 154 § 86;
1965 c 8 § 43.78.150. Prior: 1953 c 287
§ 1; 1919 c 80 § 3; RRS § 10337.]
Sevei,Sbility 1~73 1st gL_§.:. ~
note following RCW 2.12.030.
[ 416 J
llli See
43.79.420
STATE FUNDS
--------------------------------------------------------------------------------------Chapter 43.79
STATE FUNDS
43.79.250
CONTINGENT RECEIPTS
!Q~~
[1965 c 8 § 43:79:25o:--Prior=--1945 c 243
§ 2; Rem. Supp. 1945 § 5517-11.] Repealed
by 1973 c 144 § 5.
approvals of proposals to expend money in
excess of appropriations provided by law.
[1973 c 144 § 3; 1965 c 8 § 43.79.280.
Prior:
1945 c 243 § 5; Rem. Supp. 1945 §
5517-14. ]
!IIti RC! ~11=
No
state
department,
agency, board, or commission shall expend
money in excess of appropriations provided
by law based on the receipt of unanticipated revenues without complying with the
provisions of RCW 43.79.260 through 43.79.280. [1973c144§4.]
43.79.282
CO~PLIANCE
.260•43.79.28Q~
43.79.260
GOVERNO~ DE§l§~!I~Q
~I!I]~~
The governor is designated the
agent of the state to accept and receive
all funds from federal and other sources
not otherwise provided for by law and to
deposit them in the state treasury to the
credit of the appropriate fqnd or account.
[1973 c 144 § 1; 1965 c 8 § 43.79.260.
Prior: 1945 c 243 § 3; Rem. Supp. 1945 §
5517-12.]
!~I~
43.79.27~
Q~I!
Qf
Q~f!RI~~~I
rYMR
43.79.360
~~~g~~~
1:1Q~~ll l!.NP !!~DS~
[1965
IB!~SF~B
Qf
c & § 43.79.360.
Prior:
1955c226§2.] Repealed
by 1973 c 95 § 12.
fi!!Q2~
Whenever any money,
from the
federal
government, or from other sources, which
was not anticipated in the budget approved
by
the legislature has actually been
~eceived and is designated to be spent for
a
specific purpose, the head of any
department, agency, board, or commission
through which such expenditure shall be
made is to submit to the governor a
statement which may be in the form of a
request for an allotment amendment setting
forth the facts constituting the need for
such expenditure and the estimated amount
to be expended: PROVIDED, That no expenditure shall be made in excess of the actual
amount received, and no money shall be
expended for any purpose except the specific purpose for which it was received.
A copy of any proposal submitted to the
governor to expend money from an appropriated fund or account in excess of appropriations provided by law which is based
on the receipt of unanticipated revenues
shall be submitted to the legislative
budget committee and also to the standing
committees on ways and means of the house
and senate if the legislature is
in
session at the same time as it is transmitted to the governor. [1973 c 144 § 2;
1965 c 8 § 43.79.270. Prior:
1945 c 243
§ 4; Rem. Supp. 1945 § 5517-13.]
43.79.280
Q~I!
Qf GO!ER!Q] Q! !RRBOV=
If the governor approves such esti•
mate in whole or part, he shall endorse on
each copy of the statement his approval,
together with a statement of the amount
approved in the form of an allotment
amendment, and transmit one copy to the
head of the department, agency, beard, or
commission authorizing the expenditure.
An identical copy of the governor's statement of approval and a statement of the
amount approved for expenditure shall be
transmitted simultaneously to the legislativ~ budget
committee and also to the
standing committee on ways and means of
the house and senate of all executive
43.79.415
FEDEB!1
RE!]NU~
SHARING
rg~~I !UND~
The proceeds from i~d;ral
revenue sharing shall be deposited in the
federal revenue sharing trust fund hereby
created in the state treasury and shall be
used for purposes as authorized by the
legislature and within federal rules and
regulations.
Interest earnings on said
fund shall be determined and distributed
in accordance with RCW 43.85.241 as now or
hereafter amended:
PROVIDED, That the
portion
deposited into the investment
reserve account in accordance with RCW
43.84.090 shall be deposited into the
federal revenue sharing trust fund.
In administering
the
conditions set
forth in RCW 43.88.110 (2) and 43.88.160,
the revenue sharing trust fund shall be
treated as a complement to the state's
basic general fund.
If any p~rt of this section shall be
found to be in conflict with federal
requirements which are a prescribed conditioL to the allocation of federal revenue
sharing funds to the state, such conflicting part of this section is declared to be
inoperative solely to the extent of such
conflict:
PROVIDED, That all state agencies and each school district shall comply
w~th
the provisions of Public Law 92-512,
the federal Revenue Sharing Act, and the
regulations issued thereunder. [ 1973 1st
ex.s. c 129 § 1.)
4~
1973 RCW SUPP.
43.79.420
MI~ELLAN~OU~ ST~I~
!Q]]~==
MONEYS TRANSFERRED TO BASIC STATE §~B~b
FUNQ:- All iiio~eysto --the-credit- of the
following state funds or accounts on the
first day of July, 1973, are
hereby
transferred to the basic state general
fund:
(1) Mass transit trust moneys;
(2) Probation services moneys;
(3) Columbia
river
gorge commission
moneys;
(4) Washington
state
song
proceeds
moneys;
[ 417 ]
43.79.420
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------------------------------------------------(5) Juvenile
correc~ion
institution
building constructiou fund moneys.
(1973
,st ex.s. c 59 § 3. 1
PROVIDED, That funds of the Washington
st11te
toll bridge authority shall be
placed in the treasurer's trust fund only
it mutually agreed to by the state treasurer and the toll bridge
authority:
PROVIDED FURTHER, That in order to assur~
an orderly transition to a centralized
management system, the state treasurer may
place each of such trust funds in the
treasurer's trust fund at such times as he
deems advisable: PROVIDED, HOWEVER, That
except for Washington toll bridge authority trust funds, all such funds shall be
incorporated in the treasurer's trust fund
by June 30,
197 5.
Other funds in the
custody of state officials or state agencies may, upon their request, be established as accounts in the treasurer's
trust fund with the discretionary concurrence of the state treasurer. ( 1973 1st
ex .s. c 15 § 2. ]
Effective date--1973 1st g~~2~ £ 59:
••This -1973- amendatory- act-Is necessary for
the immediate preservation of the public
peace, health and safety, the support of
the state government and its existing
public institutions, and shall take effect
on July 1, 1973." [1973 1st ex.s. c 59 §
7.]
This applies to RCW 1.20.071, 13.07•
.020, and 43.79.420-43.79.422, and to the
repeal of RCW 72.19.080, 72.19.090 and
72.19.091.
43.79.421
----- -------
MISCELLANEOUS STATE FUNDS--~---------r
From and after the first day
of July, 1973, all funds from which moneys
are transferred to the basic state general
fund pursuant to subsections
(1), (2),
(4), and (5) of RCW 43.79.420 are abolished. [1973 1st ex.s. c 59§ 4.]
!BOLI~fl~Q~
~ffectixg date--197J
1st ex.s.
See nete following RCW 43:79.420-.-
£
43.79A.030
~EG.I!]Q!!IQ]==WI!ti!1Bhjhla~
The state treasurer shall be responsible
for maintaining segregated accounts of
moneys of each fund which is deposited in
the treasurer's trust fund.
Except as
provided by law, all money deposited in
the treasurer's trust fund shall be held
in trust by the state treasurer and may be
withdrawn only upon the order of the
depositing agency or its disbursing officer. (1973 1st ex.s. c 15 § 3.]
59:
43.79.422
~~LL!!!QQ~
~I!!] lQNDS==
WARRA.!!l~
.IQ BE _fAIQ ll!~ BASJ~ ill.I]
Q~~!b
fQ]Q~
From and after the first
day of July, 1973, all warrants drawn on
any fund abolished by RCW 43.79.421 and
not theretofore presented for payment,
shall be paid from the basic state general
fund.
(1973 1st ex.s. c 59§ 5.]
43.79A.040
~ANAG~HEM!=-I!£Qtl~==QISTRI:
Money in the treasurer's trust
fund may be deposited, invested and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same
manner and to the same extent as if the
money were in the state treasury.
All income received from investment of
the treasurer's trust fund shall be set
aside in an account in the treasury trust
fund to be known as the investment income
account.
On or before July 20 of each
year, the state treasurer shall distribute
all money in the investment income account
in the following manner.
Twenty percent
to the treasurer's service fund in the
state treasury to help defray the costs of
managing the treasurer's trust fund. The
remaining eighty percent shall be divided
among the various agency accounts from
which such investments were made,
in
proportion
to the respective balances
thereof. [1973 1st ex.s. c 15 § 4.)
BUIIO!~
~flgctiX§ gat~197J
121 ~~2~
See note following RCW 43.79.420.
£
2~i
Chapter 43. 79A
TREASURER'S TRUST FUND
43.79A.010
g_Q]POS]~
This
chapter
shall apply to all trust funds which are
in the official custody of the state
treasurer but are not required by law to
be maintained in the state treasury.
The
purpose of this chapter is to establish a
system for the centralized management,
protection and control of such funds,
hereinafter referred to as nontreasury
~rust
funds,
and to assure their investment in such a manner as to realize the
maximum possible return consistent with
safe and prudent fiscal management. [1973
1 st ex. s • c 1 5 § 1 • ]
Chapter 43.83
CAPITAL IMPROVEMENTS
43.79A.020
TREASURER'S
TRUST KY!~
CREATED--NONTREASURy-~RUST FUN~~ !Q ~]
PLACEn--ri==EiciPTIONs:---There is hereby
created a~rust __ tund __ outside the state
treasury to be known as the "treasurer's
trust fund".
All nontreasury trust funds
which are in the custody of the state
treasurer on April 10, 1973 shall be
placed in the treasurer's trust fund and
be subject to the terms of this chapter:
[
197 3 BOND ISSUE
43. 8 3. 11 0
GE NE.I!!b QlblG ATlQE BONDS==
AUTHORIZED-ISSUANCE-PAYMENT.
Forthe
purposeotacquiringland,- funding and
providing the planning, acquisition, construction, remodeling, and
furnishing,
418
J
43.83.120
CAPITAL IMPROVEMENTS
--------------------------------------------------------------------------------------specified in RCW 43.83.110 through 43.83.126 and for the payment of expenses
incurred in the issuance and sale of the
bonds. [ 1973 1st ex.s. c 217 § 3.]
together with all improvements, enhancements, fixed equipment, and facilities, of
capitol office buildings, parking facilities, governor's mansion, and such other
buildings and facilities as are determined
to be necessary to provide space for the
legislature by way of offices, committee
rooms, hearing rooms, and work rooms, and
to provide executive office and housing
for the governor, and to provide executive
office space for other elective officials
and such other state agencies as may be
necessary, the state finance committee is
authorized to issue general obligation
bonds of the state of Washington in the
sum of twenty-seven million dollars, or so
much thereof as may be required,
to
finance the projects defined in RCW 43.83.110 through 43.83.126 and all
costs
incidental thereto.
such bonds shall be
paid and discharged within thirty years of
the date of issuance in accordance with
Article VIII, section 1 of the state
constitution. [1973 1st ex.s. c 217 § 1.]
43.83.116
43.83.118
EAX~]lii
~Q!Q~==
g~NERA1
Q]1~ATIO!
~QND~
FRQ~ ~Q]~ B~DEMgiiQ] FU!Q==R~~]=
DURE--GENERAL OBLIGATION
Qf
STAI]~
The
fund is
hereby created in the state treasury,
which fund shall be exclusively devoted to
the payment of the principal of
and
interest on the bonds authorized by RCW
43.83.110 through 43.83.126.
The state
finance committee, shall, on or before
June 30th of each year, certify to the
state treasurer the amount needed in the
ensuing twelve months to meet such bond
retirement and interest requirements and
on July 1st of each year the
state
treasurer shall deposit such amount in the
state building bond redemption fund from
any general state revenues received in the
state treasury and certified by the state
treasurer to be general state revenues.
Bonds issued under the provisions of RCW
43.83.110 through 43.83.126 shall state
that they are a general obligation of the
state of Washington, shall pledge the full
faith and credit of the state to the
payment of the principal thereof and the
interest thereon and shall contain an
unconditional promise to pay such principal and interest as the same shall become
due.
The owner and holder of each of the
bonds or the trustee for the owner and
holder of any of the bonds may by a
mandamus or other appropriate proceeding
re~~ire
the transfer and payment of funds
as directed herein. [1973 1st ex.s. c 217
§ 5. 1
state--building-~on~redemption
g]]ERAL ~112AIIQ! ~QND~==
]QTIES QI ~IAT] li!A!~] ~Q~=
TEE. The issuance, sale and retirement of
said bonds shall be under the supervision
and control of the state finance committee.
The committee is authorized to
prescribe the form, terms, conditions, and
covenants of the bonds, the time or times
of sale of all or any portion of them, and
the conditions and manner of their sale,
issuance and redemption.
None of t'he
bonds herein authorized shall be sold for
less than the par value thereof.
The committee
may
provide that the
bonds, or any of them, may be called prior
to the maturity date thereof under such
terms, conditions, and prov~s~ons as it
may determine and may authorize the use of
facsimile signatures in the issuance of
such bonds and notes, if any.
such bonds
shall be payable at such places as the
committee may provide. [1973 1st ex.s. c
217 § 2. ]
43.83.112
43.83.114
2]]ERA1 Q]11gAIIQ! ~NDS-=
A.H.!IfiPA.IION NO.I]S-PROCE].Q2~ At the time
the state finance committee determines to
issue such bonds or a portion thereof, it
may, pending the issuing of such bonds,
issue, in the name of the state, temporary
notes in anticipation of the money to be
derived from the sale of the bonds, which
notes shall be designated as "anticipation
notes".
Such portion of the proceeds of
the sale of such bonds that may
be
required for such purpose shall be applied
to the payment of the principal of and
interest on such anticipation notes which
have been issued. The proceeds from the
sale of bonds authorized by RCW 43.83.110
through 43.83.126 shall be deposited in
the state building construction account of
the general fund in the state treasury and
shall be used exclusively for the purposes
[
Q]11~AIIQ!
The
principal proceeds from the sale of the
bonds or notes deposited in the state
building construction account of the general fund shall be administered by the
state department of general administration. [ 1973 1st ex.s. c 217 § 4.]
fOW]~~ ! ] ]
1973 RCW SUPP.
GENE~A1
A]~Ili!~!RAIIQN QI PR~]~Q~ I~Q~ ~ALE~
43.83.120
GE]]RA1
QELIQATIQ!
~Q~==
~ll~~Q~~
~l]ST
STATE AGENCl]~ TO ]]I~=
BU~~] ~!] 2]NEEA1 FU]Q~
In addition to
any other charges authorized by law and to
assist in reimbursing the state general
fund for expenditures from the general
state revenues in paying the principal and
interest on the bonds and notes herein
authorized, the director of general administration shall assess a charge against
each state board, commission,
agency,
office, department, activity, or other
occupant or user for payment of a proportion of costs for each square foot of
floor space assigned to or occupied by it.
Payment of the amount so billed to the
entity for such occupancy shall be made
annually and in advance at the beginning
419
J
43.83.120
STATE GOVERNMENT--EXECUTIVE
-------------------------------------------------------------------------------------of each fiscal year.
The director of
general administration shall cause the
same to be deposited in the state treasury
to the credit of the general fund.
(1973
1 st e x. s • c 2 17 § 6 • ]
43.83.122
.kiDi~k.AI.!lll~
fOR
after the thirtieth day after the election
at which it is approved • • ·"
Chapter 43.83C
RECREATION IMPROVEMENTS BOND ISSUE
gENER~b
OB1Jg~£JQ.!f
BO~==
..ti~X
PRO!IDE .ADDJIIO,HAL MEAN~
43.83C.060
fAYM~
The legislature may provide
additional means for raising moneys for
the payment of the principal of
and
interest on the bonds authorized herein,
and RCW 43.83.110 through 43.83.126 shall
not be deemed to provide an exclusive
method for such payment. [1973 1st ex.s.
c217§7.]
43.83.124
gEN~AL
~biGATIQH
BOHQ~==
.!iEGJi1
lli!l!~TM~N!
IQ£ ~.!!I]'d b_ND OT!il!]
g~LI~ ~Qll!~~
The bonds herein authorized shall be a legal investment for all
state funds or funds under state control
and for all funds of any other public
body. [ 1973 1st ex.s. c 217 § 8.]
43.83.126
~ERABILITJ==1273 j~ ~§~
If any provision of this 1973 act,
or
its application to any person or
circumstance is held invalid the remainder
of the act,
or the application of the
prov~s~on to other persons or circumstances is not affected. [1973 1st ex.s. c 217
§ 9. ]
]evi.sg£!§ n2~..:.
Chapter
43. 83C was
adopted and ratified by the people at the
November 7, 1972 general election (Referendum Bill No. 28) • Governor• s proclamation declaring approval of measure is
dated December 7, 1972.
State Constitution Art.
2 § 1 (d) provides "· • . such measure [initiatives and
referendums) shall be in operation on and
after the thirtieth day after the election
at which it is approved • • ·"
Chapter 43.83D
SOCIAL AND HEALTH SERVICES FACILITIES BOND
ISSUE
43.83D.060
~ lli~
Chapter 43. 83A
WASTE DISPOSAL FACILITIES BOND ISSUE
].§Xigr' s .!!.Qte..:.
Chapter
43. 83D was
adopted and ratified by the people at the
November 7, 1972 general election (Referendum Bill No. 29). Governor's proclamation declaring approval of measure is
dated December 7, 1972.
State Constitution Art.
2 § 1 (d) provides "· • • such measure (initiatives and
referendums) shall be in operation on and
after the thirtieth day after the election
at which it is approved • • ·"
43.83A.060
B~Xi~£~ n21~
Chapter
43.83A
was
adopted and ratified by the people at the
November 7, 1972 general election
(Referendum Bill No. 26). Governor's proclamation declaring approval of measure is
dated December 7, 1972.
State Constitution Art, 2 §
(d)
provides " ••• such measure (initiatives and
referendums] shall be in operation on and
after the thirtieth day after the election
at which it is approved ••• "
Chapter 43.83E
PUBLIC TRANSPORTATION IMPROVEMENTS BOND
ISSUE
~~£!§ 1!212..:.
Chapter 132, Laws of
1972 ex. sess. (Chapter 43.83E RCW) failed
to become law by reason of Referendum Bill
No. 30 submitted to and rejected by the
people at the November 7, 1972 general
election.
Chapter 43.84
INVESTMENTS AND INTERFUND LOANS
Chapter 43. 83B
WATER SUPPLY FACILITIES BOND ISSUE
43.84.011
IN!~STMEli!
OF
PERMANENT
FU.!fDSL (1967 ex.s. c 2 § 1;-,965-~:~--c
104 § 1.]
Repealed by 1973 1st ex.s. c
103 § 17.
43.83B.060
R~i~ note;
chapter
43.83B vas
adopted and ratified by the people at the
November 7, 1972 general election (Referendum Bill No. 27).
Governor's
proclamation declaring approval of measure is
dated December 7, 1972.
State Constitution Art.
2 § 1 (d) provides "· • • Such measure [initiatives and
referendums] shall be in operation on and
[ 420
43.84.031
MANAGEMENT
OF
PERMANEN!
FUND S-P l!Q9D URAb- fQLICI~=::ll11!.IAIIQ!! Ql{
PURCHASEL SAb~ Q£ :gXCHANG~ lli~l~ ill
SECUEI!!~~ Subject to the limitation of
authority
delegated
by RCW 43.84.031
through 43.84.061 and RCW 43.84.150, the
state finance committee may by unanimous
]
INVESTMENTS AND INTERFUND LOANS
43.84.150
--------------------------------------------------------------------------------------approval adopt procedural pQlicies governing the management of said permanent trust
funds. ( 1973 1st ex. s. c 103 § 5;
1965
ex.s. c 104 § 3.]
sev~~bility--1~11
12!
~2~
£ 103i
See
note following RCW 2.10.080.
43.84.110
INTERES! ON !Q~li~~ When any
such loan is made,
the state treasurer
shall charge the receiving fund with the
loan and with interest thereon at the
depositary interest rate as fixed by the
state finance committee and shall repay
such loan to the fund from which it was
borrowed, at such times and in
such
amounts as there shall be moneys in the
borrowing fund not required to meet the
current expenditures
payable therefrom,
sufficient to repay the loan or a part
thereof, and shall credit the loaning fund
with the deposit interest, as required by
law, the same as if no loan had been made.
The state treasurer shall transfer from
the borrowing fund to the credit of the
deposit interest fund for the account of
the loaning fund the amount of unearned
deposit interest, at the then prevailing
depositary interest rate, occasioned by
the withdrawal of the moneys from deposit
because of the loan. [1973 c 95 § 2; 1965
c 8 § 43.84.110. Prior:
1915 c 15 § 2;
RRS § 5508.]
43.84.150
~QIHQ]!~~Q
INVE~~!I~
fQ]
!RUST;:
!JITHO;:
~!Z~
~IAI~
11]1NC~
~Q.!:l~!II~~
TO
MAK!
!B!ES!tlENT~L
~TC~
Except where otherwise
specifically provided by law, the state
finance committee and those boards otherwise responsible for the management of
their respective funds shall have f~lf
power to invest and reinvest funds in the
following classes of securities, and not
otherwise:
(1)
Bonds, notes, or ether obligations
of the United States or its agencies,
or
of any corporation wholly owned by the
government of the United States, or those
guaranteed by, or for which the credit of
the United States is pledged for the
payment of the principal and interest or
dividends thereof, or the obligation of
any other government sponsored corporation
whose obligations are or may become eligible as collateral for advances to member
banks as determined by the board
of
governors of the federal reserve system.
(2)
Bonds, debentures, notes, cr other
obligations issued,
assumed, or unconditionally guaranteed by the international
bank for reconstruction and development,
the inter-American development bank, or by
the federal national mortgage association;
in addition to bonds, debentures, or other
obligations issued by a federal land bank,
or by a federal intermediate credit bank,
under the act of congress of July 17,
§.llU!
fiNANC~ C0.!1l'JITTt].L ~OARD~ A_ND
!!.§=~!!!~
Qf IgUSTE~ Qf FUND,2 IQ
1973 RCW SUPP.
[ 421
1961, known as the "Federal Farm Loan
Act", (as from time to time amended).
(3)
First mortgages on
unencumbered
real property which are insured by the
federal housing administration under the
national housing act (as from time to time
amended) or are guaranteed by the veterans• administration under the servicemen's
readjustment act of 1944 (as from time to
time amended) , or are otherwise insured or
guaranteed by the
United
States
of
America, or by an agency or instrumentality thereof to the extent that the investor
protection thereby given is essentially
the sa~e as that as provided under the
foregoing federal enactments.
(4)
conventional fee simple or leasehold first mortgages on real property
located within the state of washington.
(5)
Bonds or other evidences of indebtedness of this state or a duly authorized
authority or agency thereof; bonds, notes,
or other obligations of any municipal
corporation,
political
subdivision or
state supported institution of
higher
learning of this state, issued pursuant to
the laws of this state; obligations of any
public housing authority or urban redevelopment authority issued pursuant to the
laws of this state relating to the creation or operation of a public housing or
urban redevelopment authority.
(6)
Bonds, not~s, or other obligations
issued, guaranteed or assumed by any other
state or municipal or political subdivision thereof.
(7)
Bonds, debentures, notes or other
full faith and credit obligations issued,
guaranteed, or assumed as to both principal and interest by the government of the
Dominion of Canada, or by any province of
Canada, or by any city of canada, which
has a population of not less than one
hundred thousand inhabitants:
PROVIDED,
That the prin~ipal and interest thereof
shall be payable in United States funds,
either unconditionally or at the option of
the holder:
PROVIDED FURTHER, That such
securities are rated "A" or better by at
least one nationally recognized rating
agency.
(8)
Bonds,
debentures, notes, or other
obligations of any corporation duly organized and operating in any state of the
United States: PROVIDED, That such securities are rated 11 A" or better by at least
one nationally recognized rating agency.
(9)
capital notes, debentures, or other
obligations of any national or
state
commercial or mutual savings bank doing
business in the United States of America.
(10)
Equipment trust certificates issued by any corporation duly organized and
operating in any state of the
United
States of America:
PROVIDED, That the
bonds or debentures of the company are
rated "A" or
better by at least one
nationally recognized rating agency.
(1 1)
Commercial paper:
PROVIDED, That
it is given the highest attainable rating
by at least two nationally recognized
rating agencies.
43.84.150
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------------------------------------------------{12)
Subject to the limitations hereinafter provided, those funds created under
chapters 2.10, 2.12, 41.24, 41.26, 41.32,
41.40, and 43.43 RCW and the accident
reserve fund created by RCW 51.44.010 may
be invested in the common or preferred
stock or shares, whether or not convertible as well as convertible bonds and
debentures of corporations created
or
existing under the laws of the United
States, or any state, district or territory thereof: PROVIDED, That:
(a)
Those trustees responsible for the
management of their respective funds shall
contract with an investment counseling
firm or firms or the trust department of a
national or state chartered commercial
bank having its principal office or a
branch in this state and;or the staff of
the stat~ finance committee for the purpose of managing issues defined by subsection
(12)
of this section. The trustees
shall receive advice which shall become
part of the official minutes of the nert
succeeding meeting of the board.
No
investment counseling firm shall be engaged in buying, selling or otherwise
marketing securities in which commissions
or profit credits arising from
these
activities accrue to the firm during the
time of its employment by the boards.
Nothing in the preceding sentence shall be
deemed to apply to the marketing of bonds,
notes or other obligations of the United
States or any agency thereof, or of a
state or any municipal or political subdivision thereof by a bank in the normal
course of its business.
(b)
Stock investments to include convertible preferred stock investments, and
investments in convertible bonds and debentures
shall not exceed twenty-five
percent of the total investments
(cost
basis)
of the system: PROVIDED, That in
the case of the accident reserve fund
created by RCW 51.44.010 such stock investments shall not exceed ten percent of
the total investments.
(c)
Investment in the stock of any one
corporation shall not exceed five percent
of the common shares outstanding.
(d)
No single common stock inves~ment,
based on cost, may exceed two percent of
the assets of the total investments (cost
basis) of the system.
(e)
Such corporation has paid a cash
and/Or stock dividend on its common stock
in at least eight of the ten years next
preceding the date of investment, and the
aggregate net earnings available for dividends on the common stock of such corporation for the whole of such period have
been equal to the amount of such dividends
paid, and such corporation has paid an
earned cash and/or stock dividend in each
of the last three years.
(f)
In the case of convertible bond,
debenture and convertible preferred stock
investments, the common stock into which
such investments are convertible otherwise
qualifies as an authorized
investment
under the provisions of this section.
[
(g)
The common stock of any corporation
concerned is registered on a national
securities exchange provided in the "Securities Exchange Act of 1934" (as from time
to time amended) • Such registration shall
not
be required with respect to the
following stocks:
(i)
The common stock of a bank which is
a member of the federal deposit insurance
corporation and has capital funds represented by capital, surplus, and undivid~d
profits of at least fifty million dollars.
(ii)
The common stock of an insurance
company which has capital funds, represented by capital,
special surplus, and
unassigned
surplus of at least fifty
million dollars.
(iii)
Any preferred stock, as well as
any convertible bond, debenture or preferred stock.
(iv)
The common stock of Washington
corporations meeting all the other qualifications except that of being registered
on a national exchange.
(13)
Investments in savings and loan
associations organized under federal or
state law, insured by the f~deral savings
and loan insurance corporation, and operating in this state, including investment
in their savings accounts, deposit accounts, bonds, debentures and other obligations
or securities
(except capital
stock) which are insured or guaranteed by
an agency of the federal government or by
a private corporation approved by the
state insurance commissioner and licensed
to insure real estate loans in the state
of Washington; savings deposits in commercial banks and mutual savings banks organized under federal or state law, insured
by the federal deposit insurance corporation, and operating in this state: PROVIDED, That the inves~ment of any one fund in
the foregoing institutions shall not exceed the amount insured or guaranteed.
(14}
Appropriate contracts of life insurance or annuities from insurers duly
organized to do business in the state of
washington, if and when such purchase or
purchases would in the judgment of the
board be appropriate or necessary to carry
out the purposes of this chapter.
Subject to the above limitations, the
trustees of the several funds shall have
the power to authorize the state finance
committee to make purchases, sales, exchanges, investments and reinvestments, of
any of the securities and investments in
which any of the funds created herein
shall have been invested, as well as the
proceeds of said investments and any money
belonging to said funds.
(1973 1st ex.s.
c 103 § 12.]
~ygg.Qi1ity==1~73 1st §.!.:..h £
note following RCW 2.10.080.
43.84. 160
COUNSEbl.li2 1];]:1
Investment counseling fees established by contract shall
be payable from the investment earnings
f!!A]b]
422 ]
FRQ~
I!iVESIMENT
lQ.h See
~!Rlil~
43.85.241
STATE DEPOSITARIES
-------------------·-------------------------------------------------------------------derived from those assets being managed by
investment counsel. (1973 1st ex.s. c 103
§ 13. )
~~~~hili!Y=--1211 12! ~~~ £ 103:
note followin9 RCW 2.10.080.
43.84.170
1] ~OMHQM
INVESTMENT QI
See
~£1~ tlQNEY~
~CH001-FUNQ~ A~RICQ1!YR!1 COL=
1~~ EQM~L NQR.M!b SCHQQb
IQ!QL
~~J~MIJFI~
SCHOOL FUND OR UNIVERSITY FUND. Whenever
theie-are--surplus--;o;eys -available for
investment in the permanent common school
fund, the agricultural college permanent
fund, the normal school permanent fund,
the scientific school permanent fund,
or
the university permanent fund, the state
finance committee shall have full power to
invest or reinvest such funds in the
manner prescribed by RCW 43.84.150,
and
not otherwtse.
(1973 1st ex.s. c 103 §
14. ]
Cross References:
Agricultural college
permanent
fund:
RCW 43.79.130.
Normal school
permanent
fund:
RCW
43.79.160.
Permanent common school fund:
Const.
A~t. 9 § 3, RCW 28A.40.010.
Scientific school permanent fund:
RCW
43.79-.110.
University permanent
fund:
RCW
43.79.060.
Chapter 43.85
STATE DEPOSITARIES
43.85.040
APPRQY!~ QI IIN!NC~
~Q~=
[1969 ex.s. c 193 § 16; 1965 c 8 §
43.85.040. Prior:
1909 c 151 § 2; 1907 c
37 § 5; RRS § 5552.) Repealed by 1973 c
126 § 18.
TE~~
43.85.060
MO]I~bl ANQ QQARI]E~X ~TAI~=
[1971 ex.s. c 72 § 1; 1969 ex.s. c
193 § 17;
1965 c 8 § 43.85.060.
Prior:
1907 c 37 § 6; RRS § 5553. J
Repealed by
1973 c 126 § 18.
~li~
43.85.150
COLLATERAL.
(1969 ex.s. c
193 § 19: 1967c132--§--2:
1965 c 8 §
43.85.150.
Prior:
1911 c 51 § 3; RRS §
5557.] Repealed by 1973 c 126 § 18.
43.85.170
Qg!E!liRLl ~!!~~~!!~ [1969
ex.s. c 193 § 20; 1965 c 8 § 43.85.170.
Prior:
1911 c 51 § 5; RRS § 5559.1
Repealed by 1973 c 126 § 18.
43.85.241
DEPOSITS
!liQ RATE Q!
.!JIT~R­
~1==~~IBQ1IO] QI INT!S]~1 fE~Q1!~Q
QQ!LIFI~!TIQ]~ OF ~~PO~liAR=
OF COMMJ~SIQ]
fRO~EE~IN§~~
Any national or state banking corporation,
or other incorporated bank, or branch
banks or branches thereof* authorized to
do business in the state and approved by
the public deposit protection commission,
may, upon segregating collateral as provided in RCW 39.58.050 as now or hereafter
amended and upon compliance with all other
requirements of law,
become a qualified
public depositary.
No state funds shall be deposited in any
institution other Lhan a qualified public
depositary.
The record of the proceedings of the
commission shall be kept in the office of
the commission and a duly certified copy
thereof, or any part thereof, shall be
admissible in evidence in any action or
proceedings in any court of this state.
[1973 c 126 § 15; 1969 ex.s. c 193 § 14;
1965 c 8 § 43.85.010. Prior:
1935 c 139
§ 1; 1927 c 3(14 § 1; 1907 c 37 § 1; RRS §
5 54 8. ]
43.85.010
lES==~~~Q~~
1973 RCW SUPP.
43.85.030
~LLAT~AL~§B]§!!JQ]~
Every qualified public depositary, before
it shall be entitled to receive any state
moneys, shall segregate eligible securities for collateral as provided in RCW
39.58.050 as now or hereafter amended.
[1973 c 126 § 16; 1969 ex.s. c 193 § 15;
1967 c
132 § 1;
1965 c 8 § 43.85.03C.
Prior:
1955 c 78 § 1; 1945 c 129 § 1;
1939 c 146 § 1; 1935 c 139 § 2; 1931 c 87
§ 1; 1909 c 151 § 1; 1907 c 37 § 2;
Rem.
Supp. 1945 § 5549. ]
[ 423
!Q
DE.fOSJ! 1li!~~M! FUND~ On or before July
20 of each year, the state treasurer shall
distribute all interest credited to the
deposit interest fund as of June 30, which
fund is hereby reestablished. Said fund
shall be divided among the various funds
from which such investments and investment
deposits are made, in proportion to the
respective amounts thereat. Interest so
distributed shall be credited to
the
proper fund in the fiscal year in which it
was collected:
PROVIDED, That interest
earned on the balances of the forest
reserve fund, the liquor excise tax fund,
the tort claims revolving fund, the deposit interest fund, the suspense fund,
the
undistributed receipts fund,
the state
payroll revolving fund, the agency payroll
revolving fund, the agency vendor payment
revolving fund, and the local sales and
use tax revolving fund shall be credited
to the state treasurer's service fund.
( 1973 c 27 § 1; 1971 ex.s. c 72 § 2.]
Cross Reference:
state treasurer's
43.08.190.
J
service
fund:
RCW
Ch. 43.86
STATE GOVERNMENT--EXECUTIVE
-----------------------------------as a limitation upon the powers of the
state treasurer to determine the amount of
surplus treasury funds which may be invested in time certificates of deposit.
(1973 c 123 § 4.]
Chapter 43. 86{+
SURPLUS FUNDS--INVESTMENT PROGRAM
Cross Reference:
Public funds,
deposit and investment,
public depositaries: Chapter 39.58 RCW.
43. 86.050
IMEbMENTA.I!ON Q! ~!!!f!~ BY
STATE
TREASURER.
The state treasurer
shall devise-the-- necessary formulae and
methodology to implement the provisions of
this chapter.
Periodically, but at least
once every six months, the state treasurer
shall review all rules and shall adopt,
amend or repeal them as may be necessary.
These rules and a list of time certificate
of deposit allocations shall be published
in the treasurer's monthly financial report as required under the provisions of
RCW 43.08.150. ( 1973 c 123 § 5.]
43.86.010
FIMDI]Q=-OBJECTIVE~~
The
legislature finds that a procedure should
be established for the management of short
term treasury surplus funds by the state
treasurer in order to insure a maximum
return while they are on deposit in public
depositaries.
The objectives of this
procedure are to minimize
noninterest
earning demand deposits and provide fair
compensation to banks for services rendered to the state through the investment
of state funds in time deposits. [1973 c
123 § 1
0
)
Chapter 43.88
BUDGET AND ACCOUNTING
43.86.020
~~ IQN~~ ~Eb~ AS ~~E~
~!fOSll§ !Q BE LIMITED.
After March 19,
1973, the state--treasurer shall limit
surplus funds held as demand deposits to
an amount necessary for current operating
expenses including direct warrant redemption payments, investments and revenue
collection. The state treasurer may hold
such additional funds as demand deposits
as he deems necessary to insure efficient
treasury management. [ 1973 c 123 § 2.)
43.86.030
INVESTM~!!
43. 88.010
PURPOSE-::IMIEN~
I t is the
purpose of this chapter to establish an
effective budget and accounting system for
all activities of the state government; to
prescribe the powers and duties of the
governor as these relate to securing such
fiscal controls as will promote effective
budget administration; and to prescribe
the responsibilities of agencies of the
executive branch of the state government.
It is the intent of the legislature that
the powers conferred by this chapter, as
amended, shall be exercised by the executive in cooperation with the legislature
and its standing, special, and interim
committees in its status as a separate and
coequal branch of state government. [1973
1st ex.s. c 100 § 1; 1965 c 8 § 43.88.010.
Prior:
1959 c 328 § 1.]
IIH~ ~~RTIFICATE Qf
~EfQ§I!
PROGRAM--FONDS AVAILABLE FOR--
ALLOCATION. ~ds-held-rn public-~eposi:
taries--not as demand deposits as provided
in RCW 43.86.~20, shall be available for a
time certificate of deposit investment
program according to the following formula:
The state treasurer shall apportion
to all participating
depositaries
an
amount equal to five percent of the three
year average mean of general state revenues
as certified in accordance with
Article VIII, section 1 (b) of the state
Constitution, or fifty percent of the
total surplus treasury investment availability, whichever is less. Within thirty
days after certification, those
funds
determined to be available according to
this formula for the time certificate of
deposit investment program shall be deposited in qualified public depositaries.
These deposits shall be allocated among
the participating depositaries on a basis
to be determined by the state treasurer.
The formula so devised shall be a matter
of public record giving consideration to,
but not limited to deposits,
assets,
loans, capital structure, investments or
some combination of these factors.
(1973
c 123 § 3.]
43.88. 020
Mfi!ITIQM~~
(1)
"Budget"
shall mean a proposed plan of expenditures
for a given period or purpose and the
proposed
means
for
financing
these
expenditures;
(2)
"Budget document" shall mean a formal, written statement offered by the
governor to the legislature, as provided
in RCW 43.88.030.
(3)
"Director of program planning and
fiscal management" shall mean the official
appointed by the governor to serve at the
governor's pleasure and to whom the governor may delegate necessary authority to
carry out the governor's duties as provided in this chapter.
The director of
program planning and fiscal management
shall be head of the office of program
planning and fiscal management which shall
be in the office of the governor.
(4)
"Agency" shall mean and include
every state office, officer, each institution, whether educational, correctional or
other, and every department, division,
43.86.040
Q!li~B INV!§!MENI
~B~
Q!
STATE ~]ASU~EB !OT llftiTED.
Except as
provided in RCW 43.86.020 and 43.86.030,
nothing in this chapter shall be construed
[
424
)
BUDGET AND ACCOUNTING
43.88.030
--------------------------------------------------------------------------------------any major changes in financiaL policy.
Attached to the budget message shall be
such supporting schedules, exhibits and
other explanatory material in respect to
both current operations and capital improvements as the governor shall deem to
be useful to the legislature.
The budget document or documents shall
also contain:
(a)
Revenues classified by fund and
source for the immediately past fiscal
period, those received or anticipated for
the current fiscal period, and
those
anticipated for the ensuing biennium;
(b)
Cash surplus or deficit, by fund,
to the extent provided by RCW 43.88.040
and 43.88.050;
(c)
such additional information dealing
with expenditures, revenues,
workload,
performance and personnel as the legislature may direct by law or concurrent
resolution:
(d)
such additional information dealing
with revenues and expenditures as the
governor shall deem pertinent and useful
to the legislature:
(e)
Tabulations showing
expenditures
classified by fund, function, activity and
object.
(2)
The budget document or documents
shall include detailed estimates of all
anticipated revenues applicable to proposed operating or capital expenditures
and shall also include all proposed operating or capital expenditures.
The total
of anticipated revenues shall equal or
exceed the total of proposed applicable
expenditures. The budget document or documents shall further include:
(a)
Interest,
amortization and redemption charges on the state debt;
(b)
Payments of all reliefs, judgments
and claims;
(c)
Other statutory expenditures;
(d)
Expenditures incident to the operation for each agency;
(e)
Revenues
derived
from
agency
operations:
(f)
Expenditures and revenues shall be
given in comparative form showing those
incurred or received for the immediately
past fiscal period and those anticipated
for the current biennium and next ensuing
biennium.
(3)
A separate budget
document
or
schedule may be submitted consisting of:
(a)
Expenditures incident to current or
pending capital projects and to proposed
new capital projects, relating the respective amounts proposed to be raised therefor by appropriations in the budget and
the respective amounts proposed to be
raised therefor by the issuance of bonds
during the fiscal period;
(b)
A capital program consisting of
proposed capital projects for at least the
two fiscal periods succeeding the next
fiscal period. The capital program shall
include for each proposed project a statement of the reason or purpose for ~he
project along with an estimate of its
cost;
board and commission, except as otherwise
provided in this chapter.
(5)
"Public funds",
for purposes of
this
chapter, shall mean all moneys,
including cash, checks,
bills,
notes,
drafts, stocks and bonds, whether held in
trust or for operating purposes and collected or disbursed under law, whether or
not such funds are otherwise subject to
legislative appropriation.
(6)
"Regulations" shall mean the policies, standards and requirements, stated
in writing,
designed to carry out the
purposes of this chapter, as issued by the
governor or his designated agent,
and
which shall have the force and effect of
law.
(7) "Ensuing biennium" shall mean the
fiscal biennium beginning on July 1st of
the same year in which a regular session
of the legislature is held pursuant to
Article II, section 12 of the Constitution
and which biennium next succeeds
the
current biennium.
(8) "Dedicated fund" means a fund in
the state treasury, or a separate account
or fund in the general fund in the state
treasury, that by law is dedicated, appropriated or set aside for a limited object
or purpose: but "dedicated fund" shall not
include a revolving fund or a trust fund.
(9)
"Revolving fund" means a fund in
the state treasury,
established by law,
from which is paid the cost of goods or
services furnished to or by a
state
agency, and which is replenished through
charges made for such goods or services or
through transfers from other accounts or
funds.
(10)
"Trust fund"
means a fund in the
state treasury in which designated persons
or
classes of persons have a vested
beneficial interest or equitable ownership, or which was created or established
by a gift, grant, contribution, devise, or
bequest that limits the use of the fund to
designated objects or purposes.
(11)
"Administrative
expenses" means
expenditures for:
(a)
Salaries, wages,
and related costs of personnel and (b)
operations and maintenance including but
not limited to costs of supplies, materials, services, and equipment.
( 1973 1st
ex.s. c
100 § 2; 1969 ex.s. c 239 § 9;
1965 c 8 § 43.88.020.
Prior:
1959 c 328
§ 2. ]
43.88.030
fON!]H! QI !HE BUQ2]! DOCU~
MENT OR DOCUMENTS--SEPARATE BUDGET DOCU~Eli! Q.R §f]]Qui]~--~HAN§is.
Tile
budget docQment or documents shall consist
of the governor's budget message which
shall be explanatory of the budget and
shall contain an outline of the proposed
financial policies of the state for the
ensuing fiscal period and shall describe
in
connection therewith the important
features of the budget. The message shall
set forth the reasons for salient changes
from the previous fiscal p~riod in expenditure and revenue items and shall explain
--rrr-
1973 RCW SUPP.
(
425
]
43.88.030
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------------------------------------------------(c)
Such other information bearing upon
capital projects as the governor shall
deem to be useful to the legislature;
(d)
such other information relating to
capital improvement projects as the legislature may direct by law or concurrent
resolution.
(4)
No change affecting the comparability of agency or program
information
relating to expenditures, revenues, workload, performance and personnel shall be
made in the format of any budget document
presented to a regular legislative session
in an odd-numbered year relative LO the
format of the budget document which was
presented to the previous regular session
of the legislature in an odd-numbered year
without
prior legislative concurrence.
Prior legislative concurrence shall consist of
(a) a favorable majority vote on
the proposal by the standing committees on
ways and means of both houses if the
legislature is in session or (b) a favorable majority vote on the proposal by
members of the legislative budget committee if the legislature is not in session.
[1973 1st ex.s. c 100 § 3; 1965 c 8 §
43.88.030. Prior:
1959 c 328 § 3.]
43.88.035
CHANGES IN ACCOUNTING METHRB!~IJ;~ES QB~~TAIQTE~- £!£1!]A'IIQ]
!UU~ill!I
~Q£1!11ENI
.Q,B APPEND!! SWIRE~
CONTE~~
Any changes in accounting methods and practices or in statutes affecting
expenditures or revenues for the ensuing
biennium relative to the then current
fiscal period which the governor may wish
to recommend shall be clearly and completely explained in the text of the
budget document, in a special appendix
thereto,
or in an alternative budget
document.
This explanatory material shall
include,
bu~
need not be limited to,
estimates of revenues and expenditures
based on the same accounting practices and
methods and existing statutes relating to
revenues and expenditure effective for the
then current fiscal period, together with
alternative
estimates required by any
changes in accounting methods and practices
and by any statutory changes the
governor may wish to recommend.
[1973 1st
ex.s. c 100 § 9.]
QQ§.L
IB
43.88.060
LEGISLATIVE REVIEW OF BUDGET
DOCUMENT AND -BUDGET--BILL OR BILLS:-The
shall sUbmit the-budget~cument
for the 1975-77 biennium and each succeeding biennium to the legislature no later
than the twentieth day of December in the
year preceding the session during which
the
budget is to be considered. The
governor shall also submit a budget bill
or
bills which for purposes of this
chapter is defined to mean the appropriations proposed by the governor as set
forth in the tudget document.
such representatives of agencies as have been designated by the governor for this purpose
governor
( 426
shall, when requested, by either house of
the legislature, appear to be heard with
respect to the budget document and the
budget bill or bills and to supply such
additional information as may be re~uired.
[1973 1st ex.s. c 100 § 4; 1965 c 8 §
43.88.060.
Prior:
1959 c 328 § 6.]
43. 88.080
ADOPTION OF BUDGET.
Adoption of the omnibus-appropriation bill or
bills by the legislature shall consti•ute
adoption of the budget and the making of
appropriations therefor. A budget
for
state government shall be finally adopted
not later than thirty calendar days prior
to the beginning of the ensuing biennium.
[1973 1st ex.s. c 100 § 5; 1965 c 8 §
43.88.080. Prior:
1959 c 328 § 8.]
43.88.090
DEVE1Qf~tlii QI ]QQg]1~
For
purposes of developing his budget proposals to the legislature, the governor shall
have the power, and it shall be his duty,
to require from proper agency officials
such detailed estimates and other information in such form and at such times as he
shall
direct.
The estimates for the
legislature and the
judiciary shall be
transmitted to the governor and shall be
included in the budget. Estimates for the
legislature and for the supreme court
shall be included in the budget without
rev1s1on.
Copies of all such estimates
shall be transmitted to the legislative
budget committee-at the same time as they
are filed with the governor and the office
of program planning and fiscal management.
In the year of the gubernatorial election,
the governor shall invite the governor·
elect or his designee to attend
all
hearings provided in RCW 43.88.100; and
the governor shall furnish the governorelect or his designee with such information as will enable him to gain
an
understanding of the state•s budget requirements.
The governor-elect or his
designee may ask such questions during the
hearings and require such information as
he deems necessary and may make recommen·
dations in connection with any item of the
budget which,
with the governor·elect•s
reasons therefor, shall be presented to
the legislature in writing with the budget
document. Copies of all such estimates
and other required information shall also
be submitted to the legislative budget
committee. The governor shall also invite
the legislative budget committee to designate one or more persons to be present at
all hearings provided in RCW 43.88.100.
The designees of the legislative budget
committee may also ask such questions
during
the hearings and require such
information as they de~m necessary. (1973
1st ex.s. c 100 § 6; 1965 c 8 § 43.88.09C.
Prior:
1959 c 328 § 9.]
]
BUDGET AND ACCOUNTING
43.88.160
--------------------------------------------------------------------------------------43.88.120
REVENUE ESTIMATES.
Before
the beginning~-any-fiscal-period, any
agency engaged in the collection of revenues shall submit to the governor statements of revenue estimates for the ensuing
biennium at such times and in such form as
may be required by him.
A copy of such
revenue estimates shall be filed with the
legislative budget committee at the same
time. ( 1973 1st ex.s. c 100 § 7; 1965 c 8
§ 43.88.120.
Prior:
1959 c 328 § 12.]
43.88.160
FISCA1
MANAGEMENT--POWERS
Alill 1H!!U!~ Ql OFFICER~ AN] .A§]i~lM.:.
-Thls
section sets forth the major fiscal duties
and responsibilities of officers and agencies of the executive branch. The regulations issued by the governor pursuant to
this chapter shall provide for a comprehensive, orderly basis for fiscal management
and control, including efficient
accounting and reporting therefor, for the
executive branch of the state government
and may include, in addition,
such requirements as will generally promote more
efficient public management in the state.
{1)
Governor; director of program planning and fiscal management. The governor,
through his director of program planning
and fiscal management, shall devise and
supervise a modern and complete accounting
system for each agency to the end that all
revenues,
expenditures, receipts,
disbursements, resources and obligations of
the state shall be properly and systematically accounted for.
The accounting system
shall include the development of
accurate, timely records and reports of
all financial affairs of the state. The
system shall also provide for comprehensive central accounts in the office of
program planning and fiscal management.
The
director of program planning and
fiscal management may require such financial, statistical and other reports as he
deems necessary from all agencies covering
any period.
In addition, the director of program
planning and fiscal management, as agent
of the governor, shall:
(a)
Make surveys and analyses of agencies with the object of determining better
methods and increased effectiveness in the
use of manpower and
materials; and he
shall authorize expenditures for employee
training to the end that the state may
benefit
from training facilities made
available to state employees;
(b)
Report to the governor with regard
to duplication of effort or lack
of
coordination among agencies;
(c)
Review any pay and classification
plans, and changes thereunder, developed
by any agency for their fiscal impact:
PROVIDED, That none of the provisions of
this subsection shall affect merit systems
of personnel management now existing or
hereafter established by statute relating
to the fixing of qualifications requirements for recruitment, appointment, or
promotion of employees of any agency. He
1973 RCW SUPP.
[
shall advise and confer with agencies
including the legislative budget committee
and the legislative council regarding the
fiscal impact of such plans and may amend
or alter said plans, except that for the
following agencies no amendment or alteration of said plans may be made without
the approval of the agency concerned:
Agencies headed by elective officials;
University of Washington; Washington State
University; Central washington State College; Eastern washington State College;
Western Washington State College;
The
Evergreen State College; new, four-year
state colleges subsequently authorized,
professional education employees of the
state board for community college education; and the various state community
colleges.
(d)
Fix the number and classes of positions or authorized man years of employment for each agency and during the fiscal
period amend the determinations previously
fixed by him except that he shall not be
empowered to fix said number or said
classes for the following: Agencies headed
by elective officials;
University
of
Washington;
Washington State University;
Central washington State College;
Eastern
washington
State
college;
Western
Washington State College; The Evergreen
State College; new, four-year state colleges subsequently authorized; professional education employees of the state board
for community college education;
and the
various state community colleges;
(e)
Promulgate regulations to effectuate provisions contained in subsections
(a) through (d) hereof.
(2)
The treasurer shall:
(a)
Receive, keep and disburse all public funds of the state not expressly
required by law to be received, kept and
disbursed by some other persons:
PROVIDED, That this subsection shall not apply
to those public funds of the institutions
of higher learning which are not subject
to appropriation:
(b)
Disburse public funds under his
supervision
or custody by warrant or
check;
(c)
Keep a correct and current account
of all moneys received and disbursed by
him, classified by fund or account;
(d)
Perform such other duties as may be
required by law or by regulations issued
pursuant to this law.
It shall be unlawful for the treasurer
to issue any warrant or check for
public
funds in the treasury except upon forms
duly prescribed by the director of program
planning
and fiscal management.
Said
forms shall provide for authentication and
certification by the agency head or his
designee that the services have
been
rendered or the materials have been furnished; or, in the case of paymenti for
periodic maintenance services to be performed on state-owned equipment,
that a
written contract for such periodic maintenance services is currently in effect and
copies ther€of are on file with the office
427 ]
43.88.160
STATE GOVERNMENT--EXECUTIVE
-------------------------------------------------------------------------------------of program planning and fiscal management
and the legislative budget committee: and
the treasurer shall not be liable under
his surety bond for erroneous or improper
payments so made:
PROVIDED, That when
services are lawfully paid for in advance
of full performance by any private individual or business entity other than as
provided for by RCW 42.24.035, such individual or entity other than central stores
rendering such services shall make a cash
deposit or furnish surety bond coverage to
the state as shall be fixed in an amount
by law, or if not f~xed by law, then in
such amounts as shall be fixed by the
administrative board but in no case shall
such required cash deposit or surety bond
be less
than an amount which will fully
indemnify the state against any and all
losses on account of breach of promise to
fully perform such services:
AND PROVIDED
FURTHER, That no payments shall be made in
advance for any equipment
maintenance
services to be performed more than three
months after such payment.
Any such bond
so furnished shall be conditioned that the
person, firm or corporation receiving the
advance
payment will apply it toward
performance of the contract. The responsibility for recovery of erroneous or
improper payments made under this section
shall lie with the agency head or his
designee in accordance with regulations
issued pursuant to this chapter.
The auditor's current post audit of each
agency may include a separate section
setting forth recommendations to the legislature as provided by subsection (3) (c)
of this section.
(3)
The state auditor shall:
(a)
Report to the legislature the results of current post audits that have
been made of the financial transactions of
each agency;
to this end he may, in his
discretion, examine the books and accounts
of
any
agency, official or employee
charged with the receipt, custody
or
safekeeping of public funds.
(b)
Give information to the legislature,
whenever required, upon any subject
relating to the financial affairs of the
state.
(c)
Make his official report on or
before the thirty-first of December which
precedes the meeting of the legislature.
The report shall be for the last complete
fiscal period and shall include at least
the following:
Determinations as to whether agencies,
in making expenditures, complied with the
laws of this state:
PROVIDED, That nothing in this act shall be construed to
grant the state auditor the right to
perform performance audits.
A performance
audit for the purpose of this aet shall be
the examination of the effectiveness of
the administration, its efficiency and its
adequacy in terms of the programs of
departments or agencies as
previously
approved by the legislature. The authority and responsibility to conduct such an
[
examination shall be vested in the legislative budget committee as prescribed in
RCW 44.28.085.
(d)
Be empowered to take exception to
specific expenditures that have been incurred by any agency or to take exception
to other practices related in any way to
the agency's financial transactions and to
cause such exceptions to be made a matter
of public record, including disclosure to
the agency concerned and to the director
of program planning and fiscal management.
It shall be the duty of the director of
program planning and fiscal management to
cause corrective action to
be
taken
promptly,
such action to include, as
appropriate, the withholding of funds as
provided in RCW 43.88.110.
(e)
Shall promptly report any irregularities to the at~orney general.
(4)
The legislative budget committee
may:
(a)
Make post audits of such of the
financial transactions as it may determine
of any agency and management surveys and
program reviews as provided for in RCW
44.28.085 and to this end may in its
discretion examine the books and accounts
of any agency, official, or
employee
charged with the receipt, custody, or
safekeeping of public funds.
(b)
Give information to the legislature
or any legislative committee
whenever
required upon any subject relating to the
financial affairs of the state.
(c)
Make its official report on or
before the thirty-first of December which
precedes the meeting of the legislature.
The report shall be for the last complete
fiscal period and shall include at least
the following:
(i)
Determinations as to the extent to
which agencies in making expenditures have
complied with the will of the legislature
and in this connection, may take exception
to
specific expenditures or financial
practices of any agencies; and
(ii)
Such plans as i t deems expedient
for the support of the state's credit, for
lessening expenditures, for promoting frugality and economy in agency affairs and
generally for an improved level of fiscal
management; and
(iii)
A report on the efficiency and
accuracy of the post audit operations of
the state government.
[1973 c 104 § 1;
1971 ex. s. c 170 § 4: 1967 ex.s. c 8 § 49;
1965 c 8 § 43.88.160.
Prior: 1959 c 328
§ 16. ]
43.88.180
WHEN APPROPRIATIONS RE2UIREQ
OR !Q1 ~~QUIR~D~--Appropriations-shall not
be required for refunds, as provided in
RCW 43.88.170, nor in the case of payments
other than for administrative expenses or
capital improvements to be made from trust
funds
specifically created by law to
discharge awards, claims, annuities and
other liabilities of the state. Said trust
funds shall include, but shall not be
limited to, the accident fund, medical aid
428
]
43.965.215
EXPO '74
---------------------------------------------------------------------------~----------
fund, retirement system fund, Washington
state patrol retirement fund and unemployment trust fund.
Appropriations may be
required in the case of public service
enterprises defined for the purposes of
this
section as proprietary functions
conducted by an agency of the state.
An
appropriation may be required to permit
payment of obligations by revolving funds,
as provided in RCi 43.88.190. (1973 1st
ex.s. c 100 § 8; 1965 c 8 § 43.88.180.
Prior: 1959 c 328 § 18. J
43.88.205
FEDERAL FUNDS AND PROGRAMS-RlliJCIR!TilfQ -AGJ!fQ;ES !Q-lfOTI.fX-DI~ECTQi
Ql ~QQ.B!l1 ~hANNING !~ f:ISCAk ,!1ANA!!~HEN!
Qg ~j!AIRMA!f Qf ilQ.ll,UTIVE §.!l.QQg! COlli!=
Ig=ggQQg~~ REf OR~.!.
( 1)
Whenever an
agency makes application, enters into a
contract or agreement, or submits state
plans for participation in, and for grants
of federal funds under any federal law,
the agency making such application shall
at the time of such action, give notice in
such form and manner as the director of
program planning and fiscal management or
any successor agency or committee of the
legisLature may prescribe, or the chairman
of the legislative budget committee may
request.
(2) · Whenever any such application, contract, agreement, or state plan is amended, such · agency shall notify each such
officer of such action in the same manner
as prescribed or requested pursuant to
subsection (1) of this section.
(3)
such agency shall promptly furnish
such progress reports in relation to each
such application, contract, agreement, or
state plan as may be requested following
the date of the filing of the application,
contract, agreement, or state plan; and
shall also file with each such officer a
final report as to the final disposition
of each such application, contract, agreement, or state plan if such is requested.
[1973 2nd ex.s. c 17 § 3; 1967 ex.s. c ~1
§ 4. J
43.88.901
SEVERABILITY--1973 1ST EX.S.
100.!. I f any-provisionof--this 1973
amendatory act, or its application to any
person or circumstance is held invalid,
the remainder of the act, or the application of the provision to other persons or
circumstances is not affected.
[1973 1st
ex.s. c 100 § 10.)
s;
Chapter 43.96B
EXPO '74
STATE PAVILION-BOND ISSUE
43.96B.200
LEGISLATIVE FINDING.
The
legislature finds~ha~an-expansion-of the
state
pavilion at Expo 1 74 initially
authorized for construction by the 1971
1973 RCW SUPP.
legislature is consistent with the purposes of the exposition and the needs-of the
state of washington in order that the
facility produced will both more adequately serve the state during the exposition
and as a permanent structure for the
benefit of the state afterwards.
[1973
1st ex.s. c 116 § 1.]
43.96B.205
§~~
I§§Q~QIHQBl~~~~
For the purpose of providing additional
space for the Washington s~ate Pavilion at
Expo 1 74 as determined to be necessary by
the Expo 1 74 commission, including the
planning, acquisition, construction, remodeling and equipping, together with all
improvements
and enhancements of said
project, the state finance committee is
authorized to issue general obligation
bonds of the state of Washington in the
sum of two million nine hundred thousand
dollars, or so much thereof as may be
required, to finance the projects defined
in RCW 43.96B.200 through 43.96B.245 and
all costs incidental thereto. Such bonds
shall be paid and discharged within thirty
years of the date of issuance in accordance with Article VIII, section 1 of the
state Constitution. (1973 1st ex.s. c 116
§ 2
0
)
43.96B.210
~Qli~
l~SUE--I~Q!li~
!]~
SAil Qf ~~lQRM.L IERMS.L ~QlfJ2.UIONS.L
ET£.:.-AUTHORI!.! Qf ST!ll lll.!!!~g £.QMII=
~~
The issuance, sale and retirement of
said bonds shall be under the supervision
and control of the state finance committee.
The committee is authorized to
prescribe the form, terms, conditions, and
covenants of the bonds, the time or times
of sale of all or any portion of them, and
the condi~ions and manner of their sale,
issuance and redemption.
None of the
bonds authorized-in RCW 43.96B.200 through
43.96B.245 shall be sold for less than the
par value thereof.
The committee may provide
that
the
bonds, or any of them, may be called prior
to the maturity date thereof under such
terms, conditions, and prov~s~ons as it
may deter~ine and may authorize the use of
facsimile signatures in the issuance of
such bonds and notes, if any. Such bonds
shall be payable at such places as the
committee may provide. (197J 1st ex.s. c
116§3.]
43.96B.215
§~Q
l~SUE==ANT!~lRATIO!f
NOTES--DISPOSITION OF R!OCEEDS-=!£QUI~I=
TION--op--pROPERTY EY EXPO •74 COMMISSION
iUÂ¥HoRrzED:--it-the time~he-;tate~Inance
committee--determines to issue such bonds
or a portion thereof, it may, pending the
issuing of such bonds, issue, in the name
of the state, temporary notes in anticipation of the money to be derived from the
sale of the bonds, which notes shall be
designated as "anticipation notes". such
portion of the proceeds of the sale of
[ 429 ]
43.96B.215
STATE GOVERNMENT--EXECUTIVE
such bonds that may be required for such
purpose shall be applied to the payment of
the principal of and interest on such
anticipation notes which have been issued.
The proceeds from the sale of
bonds
authorized by RCW 43.96B.200 through 43.96B.245 and any interest earned on the
interim investment of such proceeds, shall
be deposited in the state building construction account of the general fund in
the state treasury and shall be used
exclusively f.or the purposes specified in
RCW 43.96B.20C through 43.96B.245 and for
the payment of expenses incurred in the
issuance and sale of the bonds.
The Expo
•74 commission is hereby authorized to
acquire property, real and personal, by
lease, purchase[,] condemnation or gift to
achieve the objectives of chapters 1, 2,
and 3, Laws of 1971 ex. sess., and RCW
43.96B.200 through 43.965.245.
The commission is further directed pursuant to
RCW 43.19.450 to utilize the department of
general administration services to accomplish the purposes set forth
herein.
( 1973 1st ex.s. c 116 § 4.)
43.96B.230
MEb!~
BOND
ISSQE==!~~l!IONA1
~!!~~NT~
The legislature may
provide additional means for raising moneys for the payment of the principal of
and interest on the bonds
authorized
herein, and RCW 43.965.200 through 43.96B. 245 shall not be deemed to provide an
exclusive method for such payment. (1973
1st ex.s. c 116 § 7.]
43.96B.235
~ONQ
IS~UE==LF.Q!1
l!VES!:
MENT FOR PUBLIC FUNDS.
The bonds authoriz~d-in Rcw-43.96B.200 through 43.96E.245
shall be a legal investment for all state
funds or funds under state control and for
all funds of any other public body. (1973
1st ex.s. c 116 § 8.]
43.96B.240
APPROPRIATION.
There
is
hereby appropriated--to-th~-Expo 1 74 commission from the state building construction account of the general fund the sum
of two million nine hundred
thousand
dollars or so much thereof as may be
necessary to accomplish the purposes of
RCW 43.96B.200 through 43.96B.245. (1973
1st ex.s. c 116 § 9. J
BO]Q lSSUE--~Q~l]JST~bTIO]
The principal proceeds from
the sale of the bonds or notes deposited
in the state building construction account
of the general fund shall be administered
by the Expo '74 commission.
(1973 1st
ex. s. c 116 § 5. ]
QI
Qf
43.96B.220
f~Q~]~
43.96B.225
BOND
FUND--PAYMENT OF BONDS.
43. 96B. 245
SEVERABILITY--1973
lg
EX~~~ £ ..ll.§.~ Ifar1y provision-of this act
or
its application to any person or
circumstance is held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
( 1973 1st ex.s. c 116
§ 10. ]
JSSUE~~~~~PTIO]
The state build1973-A, is
hereby created in the state treasury,
which fund shall be exclusively devoted to
the payment of the principal of
and
interest on the bonds authorized by RCW
43.96B.200 through 43.96B.245,
The state
finance committee, shall, on or before
June 30th of each year, certify to the
state treasurer the amount needed in the
ensuing twelve months to meet such bond
retirement and interest requirements and
on July 1st of each year the
state
treasurer shall deposit such amount in the
state building bond redemption fund, 1973A, from any general state revenues received in the state treasury and certified
by the state treasurer to be general state
revenues.
Bonds issued under the provisions of RCW 43.96B.200 through 43.96B.245
shall state that they are a
general
obligation of the state of Washington,
shall pledge the full faith and credit of
the state to the payment of the principal
thereof and the interest thereon and shall
contain an unconditional promise to pay
such principal and interest as the same
shall become due.
The owner and holder of
each of the bonds or the trustee for the
owner and holder of any of the bonds may
by a mandamus cr other appropriate proceeding require the transfer and payment
of funds as directed herein.
(1973 1st
ex.s. c 116 § 6.]
fng~-b;mdredemption fund,
[
Chapter 43.105
DATA PROCESSING AND COMMUNICATIONS SYSTEMS
43.105.010
PURPOSE. It is the purpose
of this chapter-~provide,
through the
washington state data processing authority, for the efficient and coordinated
utilization of data processing equipment,
techniques, and personnel to achieve optimum effectiveness and economy in collection,
storage, interchange,
retrieval,
processing, and transmission of information; to authorize development, implementation, and maintenance of a coordinated
state-wide plan for data processing and
data communications systems; to achieve
consolidation of automated data processing
resources and centralization of control
over automated data processing; and to
ensure
that automated data processing
systems shall serve the manag~ment and
other needs of the legislative, executive,
and judicial branches of state and local
government.
[1973 1st ex.s. c 219 § 1;
1967 ex.s. c 115 § 1.)
43.105.015
INTENTION.
(1969 ex.s. C
212 § 3. J Repea:iedby 1973 1st ex.s. c
219 § 12.
430
J
DATA PROCESSING AND COMMUNICATIONS SYSTEMS
43.105.041
-------------------~------------------------------------------------------------------~3.105.016
LEGISLATIVE INTENT. It is
the intention of the-legislature-that this
chapter shall form the basis for the
formulation of a long range state automated data processing plan to satisfy the
requirements of the legislative, executive, and judicial branches of
state
government.
Each legislative, executive,
and judicial agency of state government
shall study and define its automated data
processing requirements in order that the
plan allow for the unique requirements of
each branch. All agencies of state government are required to cooperate with and
support the development and implementation
of this plan. To effectuate this intention, the state data processing authority
shall have the authority to direct and
require the submittal of data from all
state agencies, including data from the
state auditor, concerning local government
agencies.
In addition, the state auditor
shall conduct a fiscal-legal audit of the
completion of the tasks for the authority
specified by RCW 43.105.043, and
the
legislative budget committee, or its successor, shall conduct a performance audit
of such tasks.
[1973 1st ex.s. c 219 §
2. ]
43.105.020
DEFI]l!ION~~
As used in
this chapter, unless the context indicates
otherwise, the following definitions shall
apply:
(1)
"Authority« means the Washington
state data processing authority created by
RCW 43.105.032;
(2) "Automatic data p~ocessing« means
that method of process~ng
information
using punch card (EAM) and/or electronic
(EDP) equipment and includes data communication devices used in connection with
automatic data processing equipment for
the transmission of data;
(3) "Local government agencies" includes
all municipal and quasi municipal corporations and political subdivisions, and all
agencies of such corporations and subdivisions authorized to contract separately;
(4)
"Director" means the executive director of the authority;
(5)
"State agency" means all offices,
departments, agencies, institutions,
and
commissions of state government;
(6)
"System" means an organized collection of men, machines, and methods to
accomplish a specific objective;
(7)
"Applications system" means a computerized system which accomplishes
a
specific objective (i.e., a payroll system
or an inventory system). [1973 1st ex.s.
c 219 § 3; 1967 ex.s. c 115 § 2.]
43.105.031
QATA
RBQ~~~IN2
AQ!I~QB1
fQtt~!I~~--CQ~RQ2ITIO!_~!~li~~~~
ex.s. c 212 § 1.]
ex.s. c 219 § 12.
1973 RCW SUPP.
Repealed
by
1973
(1969
1st
[
43.105.032
DATA PROCESSING AUTHORITY-CREATED--COMPOSITION::EXPENSES.---There-Is
hereby-created~he-washington--state da~a
processing authority consisting of eleven
members appointed by the governor, and
serving at his ple~sure. The governor
shall make such appointments within thirty
days after April 25, 1973.
Members of the authority shall not be
compensated for service on the authority
but shall be reimbursed for subsistence,
lodging, and travel expenses as provided
in chapter 43.03 RCW, as now or hereafter
amended.
The authority shall elect a chairman
from among its members and shall appoint
an executive director within sixty days
after April 25, 1973, subject to confirmation by a majority vote of the senate.
[1973 1st ex.s. c 219 § 5.]
Qg,1g, .E£Q£g§§ing advi.§Q£Y £2.!!!1!litt~ s.Qol.:.
!lll!§fg£ Q%_ .£g£§Qlill~1L ~!£.:-l "The
data processing advisory committee created
by section 1, chapter 212, Laws of 1969
ex. sess. is hereby abolished. The staff
of such committee and the data processing
coordinator and his staff from the office
of program planning and fiscal management
shall be transferred to the authority,
along with such records, files,
data,
materials, equipment, and supplies as they
may possess, within ninety days of the
effective date of this 1973 amendatory
act." (1973 1st ex.s. c 219 § 4.]
~.h~.ia.
43.105.040
POWERS OF GOVERNOR AND BUDf1969-Bx~s~-c~12-§~; 1967
ex. s. c 115 § 4.] Repealed by 1973 1st
ex. s. c 219 § 12.
g,I,
QIRECTQB~
A!Q ~!I~~ QK QAI!
The authority shall
have the following powers and duties:
( 1)
To study, organize, and/or develop
automated data processing systems to serve
interagency and intraagency needs of state
agencies, to provide services of said
nature, and to require the development of
interagency
automated
data processing
systems;
(2)
To examine the desirability of removing common application systems, such as
the payroll application system, from the
individual agencies and assigning such
functions to a single state agency;
(3)
To make contracts, and to hire
employees and consultants necessary or
convenient for the purposes of this chapter, and fix their compensation; to enter
into appropriate agreements for the utilization of state agencies and, where deemed
feasible by the state data processing
authority, of local government agencies,
and their facilities, services, and personnel
in developing and coordinating
plans and systems, or other purposes of
this chapter; to contract with any and all
other governmental agencies for any purpose of this chapter including but not
43.105.041
ROWER~
~BQ£li~~NQ !Q!liQRITY~
431 ]
43.105.041
STATE GOVERNMENT--EXECUTIVE
----------~-------------------------------
43.105.043
,!ASKS !Q £!g £0MPLETE.Q W!!HIN SPECIFl~Q !1~~ PERIODS--PRQQB~S~
PO.!IT§. BY il!iiSb!TIVE lli!QQET £Q.!1,!1ITTfi:"
The authority shall complete the following
tasks within the number of days after
April 25,
1973 allotted for each task
contingent upon the
funding
of
~he
authority:
(1)
Task 1: Preparation of an organization and staffing plan;
to be accomplished within one hundred five days;
(2)
Task 2:
Staffing of the authority;
consisting of the transfer of the data
processing advisory committee's staff and
the data processing coordinator and his
staff to the authority within ninety days;
and additional staffing to be accomplished
within one hundred fifty days;
(3)
Task 3:
Formulation, publication,
and implementation of automatic data processing language standards; to be accomplished within two hundred forty days;
(4)
Task 4:
Formulation and implementation of standards for resources utilization
reporting,
including
hardware,
software, and personnel;
to be accomplished within two hundred seventy days;
(5)
Task 5: Formulation and implementation of system development standards; to
be accomplished within two hundred seventy
days;
(6)
Task 6:
Evaluation of (a) the
regional educational
computer
network
study authorized by the council of presidents of the institutions of higher education and
(b)
the comprehensive plan for
computing in the community colleges adopted by the board of community college
education; both to be accomplished within
three hundred days;
(7)
Task 7:
Development of a short
range resource plan, including a supplemental budget request; to be accomplished
within three hundred days;
(8)
Task 8:
Formulation of agency requirements
reporting standards; to be
accomplished within three hundred thirty
days;
(9)
Task 9: Taking inventory of local
government automated data processing resources; to be accomplished within three
hundred thirty days;
(10)
Task 10:
Presentation of a preliminary report on the status of automated
data processing of the institutions of
higher education and of Olympia based
state agencies with recommendations for
consolidation of such resources of the
Olympia based state agencies; to be accomplished within three hundred thirty days;
(1 1)
Task 11: Presentation of a progress report on the definition of standard
common business identifiers; to be accomplished within three hundred sixty days;
(12)
Task 12: Presentation of a report
on policies and procedures for confidentiality and privacy of data;
to be accomplished within three hundred sixty days;
(13)
Task 13:
Presentation of a preliminary progress report to the governor
and to the legislature; to be accomplished
within three hundred sixty days;
limited to mutual furnishing or utilization of facilities and services or for
interagency, intergovernmental, or interstate cooperation in the field of data
processing and communications;
(4)
To develop and publish standards to
implement the purposes of this chapter,
including but not limited to standards for
the coordinated acquisition and maintenance of data processing equipment and
services, requirements for the furnishing
of information and data concerning existing data processing systems by
state
offices, departments, and agencies and
local government agencies, where deemed
feasible by the state data processing
authority, and standards and regulations
to establish and maintain the confidential
nature of information insofar as such
confidentiality may be necessary for individual privacy and the protection
of
private rights in connection with data
processing and communications;
(5)
To purchase, leasii!, rent, or otherwise acquire and maintain automatic data
processing equipment, or to delegate to
other agencies and institutions of state
government,
under appropriate standards,
the authority to purchase, lease, rent, or
otherwise acquire and maintain automatic
data processing equipment: PROVIDED, That
in exercising such authority due consideration and effect shall be given to the
overall purpose of this chapter and the
statutory obligations, total management,
and
needs of each agency:
PROVIDED,
FURTHER, That, agencies and institutions
of state government are expressly prohibited from acquiring data processing equipment without such delegation of authority.
The acquisition of automatic data processing equipment is exempt, as provided in
RCW 43.19.1901, from the provisions of RCW
43.19.190 through 43.19.210;
(6)
To require the consolidation of
computing
resources into central data
processing service center or to establish
central data processing service centers;
(7)
To develop and maintain all statewide or interagency data processing policies, standards, and procedures;
(8)
To delegate to a single agency the
responsibility for maintaining interagency
applications systems;
(9)
To provide to state agencies such
automatic data processing technical training as is necessary or convenient to
implement
standardization of automatic
data processing techniques;
(10)
To carry out the tasks assigned in
RCW 43.105.043 and to report periodically
and as requested by the legislature to the
legislature on its progress;
(11)
To enact such rules and regulations as may be necessary to carry out the
purposes of this chapter. [1973 1st ex.s.
c 219 § 6. J
[
---------
432
1
STATE LAND PLANNING COMMISSION
43.120.920
---------------------------------~----------------------------------------------------
(14)
Task 14: summarization of consolidated agencies and institutions automated
data processing reguirements; to be accomplished within three hundred ninety days;
(15)
Task 15: Presentation of a budget
plan and request for the 1975-1977 fiscal
biennium; to be accomplished within four
hundred eighty days;
(16)
Task 16: Development of an internal performance measurement and auditing
system; to be accomplished within five
hundred ten days;
(17)
Task 17: Development of a standard plan for data center operation; to be
accomplished within five hundred forty
days;
(18)
Task 18:
Definiti.on of common
application systems;
to be accomplished
within five hundred forty days; and
(19)
Task 19: Transmittal to the governor and to the legislature, a Washington
state comprehensive data processing plan,
which includes the recommended organization of all data processing related functions, a
recommendation
whether
the
authority should be phased out and all
state data processing functions transferred to a single state agency, and
development of an orderly plan for implementation of such recommendations; to the
governor to be accomplished within five
hundred seventy-five days. The legislative budget committee shall report to the
legislature ten days prior to the first
legislative session in 1974 and yearly
thereafter regarding the progress being
made by the authority in fulfilling the
mandates and directives of this chapter.
[1973 1st ex.s. c 219 § 7.]
43.105.045
EXECUTIVE DIRECTOR--RESPON§1]IL1IY-=§I!IF--SALA]1~ ----The--eiecutive
director of the authority shall be responsible for carrying into effect the authority's orders and rules and regulations.
The director shall also be authorized to
employ such staff as is necessary, including but not limited to two assistant
executive directors and a confidential
secretary.
The director shall be paid
such salary as shall be deemed reasonable
by the state committee en salaries.
[1973
1st ex. s. c 2 19 § 8 • )
43.105.060
~QNTRA~I~
BY
~1AT~
!!~
LOCAL AGENCIES WI1] !Q!HORIT!~ State and
Iocal -government agencies are authorized
to enter into any contracts with the
authority or its successor which may be
necessary or desirable to effectuate the
purposes and policies of this chapter or
for maximum utilization of facilities and
services which are the subject of this
chapter. [1973 1st ex.s. c 219 § 9;
1967
ex.s. c 115 § 6.]
1973 RCW SUPP.
[ 433
43.105.900
~El~B!]I1II1==121J
1ST
If any provision of this
1973 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other
persons or circumstances is not affected.
[ 1973 1st ex.s. c 219 § 10.]
~~~
£ ~~
Chapter 43.120
STATE LAND PLANNING COMMISSION
43.120.010
LEGISLATIVE
DE£L!Ji!TIQ!~
[1971 ex.s.
c 287 § 1.] Decodified, see
RCW 43.120.920.
43.120.030
§UBCOMMIITEI§==!iY1~§_-=HE!!i=
l.!i§=DATA~
(1971 ex.s.
c 287
Decodified, sea RCW 43.120.920.
§
3.]
43.120.040
~XECUIIV~ QJ!i]£TOE=-EM~OY=
A;QYISQ!!! £.!10U.f2==.f!YM]li1 OF ~XPE!i§ES~
[1971 ex.s. c 287 § 4.]
Decodified, see
RCW 43.120.920.
EE~
43.120.060
ex.s. c 287 §
43.120.920.
AUTHORIZED STUDIES. [1971
Decoditied;--see Rcw
6:]--
43.120.900
REPORT TO LEGISLATURE
VENING IN 1.2_i2~-(1971
Decodified, see RCW 43.120.920.
ex:-8:"c287
CON-
§7:-)
43.120.920
TERMINATION OF COMMISSION.
The commission--shall be-dissoived-0;-May
15, 1973. [1973 1st ex.s. c 72 § 1;
1971
ex.s. c 287 § 9.]
]
Ch. 43.126
STATE GOVERNMENT--EXECUTIVE
--------------------------------------------------------------------------------------Chapter 43.126
GEOGRAPHIC NAMES
names to establish, change and/or determine the appropriate names of the lakes
mountains,
streams,
places, towns, and
other geographic features;
and for the
purpose of eliminating, so far as possible, duplication of place names within the
state;
(4)
Serve as a state of Washington
liaison with the United States board on
geographic names;
(5)
Issue periodically a list of names
approved by the board. [1973 1st ex.s. c
178 § 3. 1
43.126.010
Puggos~~~
The purposes of
this chapter are: To establish a procedure for the retention and formal recognition of existing names; to standardize the
procedures for naming or renaming geographical features within the state of
washington; to identify one body as the
responsible agent to coordinate this important activity between local, state and
federal agencies; to identify the responsible agent for the purpose of serving the
public interest; to avoid whenever possible the duplication of names for similar
features,
and so far as possible retain
the significance, spelling and color of
names associated with the early history of
Washington.
[1973 1st ex.s. c 178 § 1.)
43.126.040
POLICIES-CRITERIA.
The
board is authorizea-to-establiSh--policies
to carry out the purposes of this chapter.
In determining the names and orthography
of geographic place names within the state
of washington, the board's decisions shall
be made only after a careful consideration
of all available information relating to
such names, including the recommendations
of the United States board on geographic
names to which board it shall give full
cooperation.
(1973 1st ex.s. c 178 § 4.]
43.126.020
STAT~
~QA~Q
ON §~OGRAPHif
NAMES--CREATED--MEMBERS--CHAIRMAN.
There
Is-hereby-cr~atea-a-washington-state board
on geographic names. It shall be composed
of the:
(1)
State librarian or representative;
(2)
Commissioner of public lands or
representative;
(3)
President of the Washington state
historical society;
(4)
Chairman of the department of geography,
University
of
washington
or
representative;
(5)
Chairman of the department of geography,
washington State University or
representative;
(6)
Two members from the general public
to be appointed by and serve at the
pleasure of the commissioner of public
lands;
(7)
The commissioner of public lands or
his representative shall be chairman of
the board. [1973 1st ex.s. c 178 § 2.]
43.126.050
QQ~~==!EFECT~
QI
!~~§==ggg~~=
Adoption of names by the
board shall take place only after consideration at a previous meeting. All determinations of the board shall be filed with
the code reviser and shall be compiled and
indexed in the same manner as agency rules
pursuant to RCW 34.04.050.
Determinations
by the board shall not be considered a
rule under provisions of RCW 34.04.010.
Whenever the state board on geographic
names shall have given a name to any lake,
stream, place and other geographic feature
~ithin the state, such name shall be
used
in all maps, records, documents and other
publications issued by the state or any of
its departments and political subdivisions, and such name shall be deemed the
official name of such geographic feature.
[1973 1st ex.s. c 178 § 5.]
43.126.030
STATE BOARD ON GEOGRAPHIC
]AM~§--P2WERS AND-nOTIES:--It-sharr-be-the
duty of the -washington state board on
geographic names and it shall have the
power and authority to:
(1)
Establish the official names for
the lakes,
mountains,
streams, places,
towns, and other geographic features within the state and the spellings thereof
except when a name is specified by law.
For the purposes of this subsection geographic features do not include manmade
features or administrative areas such as
parks, game preserves and dams, but shall
include manmade lakes;
(2)
Assign names to lakes,
mountains,
streams,
places, towns,
and other geographic features in the state for which no
single generally accepted name has been in
use;
(3)
Cooperate with county commissioners, state departments and agencies and
with the United States board on geographic
[
~DOPTJQ!
43.126.060
MEETINGS--RULES AND REGULATIONS--PUBLICATION-op-NAMEs-ADOPTED:---The
boara--sbii~old -at--1€as~~wo-regular
meetings each year, and shall hold special
meetings as called by the chairman or a
majority of the board.
(1)
All meetings shall be open to the
public;
(2)
Public notice of board meetings
shall be published in one issue of a local
newspaper of general circulation in the
counties in which features are
being
considered at least one week before the
meeting is held.
This notice will include
those names to be considered by the board
and those names to be adopted by the
board;
{3)
Four board members shall constitute
a quorum;
(4)
The board shall establish rules and
regulations for the conduct of its affairs
434
)
ECONOMIC IMPACT ACT
43.130.040
--------------------------------------------------------------------------------------and carrying out the purposes of this
chapter;
(5) The department of natural resources
shall furnish secretarial and administrative services and shall serve as custodian
of the records;
(6)
All geographic names adopted by the
board
shall be published in a local
newspaper of general circulation in the
countY where the geographic name applies
within four weeks following the date of
their adoption.
[1973 1st ex.s. c 178 §
6.]
43.126.070
EXPENSES OF MEMBERS.
Each
member of the-~oard: nat--otherwise a
public
employee, shall receive actual
necessary traveling and other expenses
incurred in the discharge of their duties
which shall be paid by the agency that
each member represents and, for the two
members of the general public, by the
department of natural resources.
In no
event shall a me~ber's payments exceed
five hundred dollars in any one year.
[ 1973 1st ex.s. c 178 § 7.]
43.126.080
JlitlQQI ]QA£]
NAMI]2
l]!TUR]~
PRQtli~11]~~
No
GEQGR!Rtllf
~E~IA1
person
shall ~n any advertisement or
publication attempt to change local usage
or name unnamed geographic features without first obtaining approval of the board.
[1973 1st ex.s. c 178 § 8.)
Chapter 4 3. 130
ECONOMIC IMPACT ACT--CLOSING OF
STATE FACILITIES
43.130.010
PURPOSE.
When either for
fiscal reasons:--;bsolescence or
other
extraordinary reasons, it becomes necessary to close a state facility, as defined
by RCW 43.130.020
(2),
the state has a
responsibility to pro vi de certain benefits
to affected employees.
It is the purpose of this chapter to
establish an economic impact act for the
state of Washington to meet the emergency
situation
now in existence for state
employees affected by the closure of state
facilities, as defined in RCW 43.130.020.
[1973 2nd ex.s. c 37 § 1.]
43.130.020
DEFINITIONS.
For purposes
of this chapter:----------(1)
"Employees" includes those persons
performing services for the state on a
salaried or hourly basis including, but
not limited to, persons in "classified
service" as defined in RCW 41.06.020 (3)
and those persons defined as exempt from
the state civil service laws pursuant to
RCW 41.06.070.
(2)
The term "closure of a state facility" means the termination of services
being provided by a facility operated by
1973 RCW SUPP.
[ 435
the department of social and health services or in conjunction with the department
of natural resources, when such facility
is terminated for fiscal reasons, obsolescence, or other extraordinary reasons.
(3)
"Classified employees" means those
employees performing classified service as
defined in RCW 41.06.020 (3). [ 1973 2nd
ex. s. c 37 § 2. ]
43.130.030
~XCLUDE~ EMPLQ!tllilii hli~ EM=
PLOYEES. Excluded employment and excluded
employees under this chapter include, but
are not limited to, the following:
(1)
State employment related to a single project under a program separately
financed by a grant of nonstate funds,
federal funds or state funds, or by a
combination of such funding, which is
designed to provide training or employment
opportunities,
expertise or additional
manpower related to the project or which,
because of the nature of the project
funding requirements, is not intended as a
permanent program.
(2)
Activities at least seventy-five
percent federally funded by a categorical
grant for a specific purpose and any other
activities terminated because of actions
taken by the federal government or other
funding sources other than the state of
washing~on in eliminating or substantially
limiting funding sources, except to the
extent that the federal government or such
other funding sources may permit the use
of nonstate funds to pay for any employee
benefits
authorized
pursuant to this
chapter.
(3)
The following categories of employees are excluded from benefits under this
chapter:
(a) employees refusing transfer to vacant positions in ~he same or a like job
classification and at not more than one
full range lower than the same salary
range;
(b)
classified employees having other
than permanent status in the classified
service;
(c)
employees having less than three
years' consecutive state service as an
employee, except that such employees shall
nonetheless be eligible for the benefits
provided in subsections (1). (2), (4)
and
(5) of RCW 43.130.040.
(d)
nothing in this chapter shall affect any other rights currently held by
classified employees regarding reduction
in force procedures and subsequent reemployment. [ 1973 2nd ex. s. c 37 § 3. )
43.130.040
~EN]!Jl~~
In
order to
carry out the purposes of this chapter,
the state shall take every reasonable step
at its disposal to provide alternative
employment and to minimize the economic
loss of state employees affected by the
closure
of state facilities.
Affected
state employees shall be paid benefits as
specified in this section.
43.130.040
STATE GOVERNMENT--EXECUTIVE
-------------------------------------------------------- ----------------------------shall be immediately eligible to retire
with no actuarial reduction in the amoun~
of his pension benefit.
(b)
Notwithstanding the age requirements of RCW 41.40.180, any
affected
employee under this chapter who has attained the age of forty-five years, with
at least five years creditable service,
shall be immediately eligible to retire
with an actuarial reduction in the amount
of his pension benefit of three percent
for each complete year that such employee
is under fifty-five years of age.
(c)
Employees who elect to retire pursuant to RCW 41.40.180 shall be eligible
to retire while on authorized leave of
absence not in excess of one hundred and
twenty days.
(d)
Employees who elect to retire under
the provisions of this section shall not
be eligible for any retirement benefit in
a year following a year in which their
employment income was in excess of six
thousand dollars.
This six thousand dollars base shall be adjusted
annually
beginning in 1974 by such cost of living
adjustments as are applied by the public
employees• re~irement system to membership
retirement benefits. The public employees
retirement system board shall adopt neces•
sary rules and regulations to implement
the provisions of this subsection. [1973
2nd ex.s. c 37 § 4.] '
(1)
Relocation expenses covering the
movement of household goods, incurred by
the necessity of an employee moving his
domicile to be within reasonable commuting
distance of a new job site, shall be paid
by the state to employees transferring to
other state eaployment by reason of the
closure of a facility.
(2)
Relocation leave shall be allowed
up to five working days• leave with pay
for the purpose of locating new residence
in the area of employment.
(3}
The state shall
reimburse
the
transferring employee ~o the extent of any
unavoidable financial loss suffered by an
employee who sells his home at a price
less than the true and fair market value
as determined by the county assessor not
exceeding three thousand dollars: PROVIDED, That this right of reimbursement must
be exercised, and sale of the property
must be accomplished, within a period of
two years from the date other
state
employment is accepted.
(4)
For employees in facilities which
have been terminated who do not choose to
participate in the transfer program set
for~h
in the preceding subsections, the
following terminal pay plan shall
be
available:
(a)
For qualifying employees, for each
one year of continuous state service, one
week (five working days) of regular compensation shall be provided.
(b)
Regular compensation as used in
subsection (a) hereof shall include salary
compensation at the rate being paid to the
employees at the time operation of the
facility is terminated.
(c)
Terminal pay as set forth in subsections (a) and (b) hereof shall be paid
to the employee at the termination of the
employees last month of employment or
within thirty days after *the effective
date of this 1973 act, whichever is later:
PROVIDED, That from the total amount of
terminal pay, the average sum of unemployment
compensation that the qualifying
employee is eligible to receive multiplied
by the total number of weeks of terminal
pay minus one week shall be deducted.
(d)
Those employees electing the early
retirement ben~fits as stated in subsection (5)
of this section shall not be
eligible for the terminal pay prov~s~ons
as set forth in this subsection.
(e)
Those employees who are reemployed
by the state during the period they are
receiving terminal pay pursuant to subsections
(a),
(b)
and
(c) of this section
shall reimburse the state for that portion
of the terminal pay covered by the period
of ne~ employment.
(5)
As an option to transferring to
other state employ•ent an employee may
elect early retirement under the following
conditions:
(a)
Notwithstanding the age requirements of RCW 41.40.180, any
affected
employee under this chapter who has attained the age of fifty-five years,
with
at least five years creditable service,
[
*Reviser's note:
1973--ina--~x:~--c
The effective date of
37 was September 26,
1973.
cross References:
Public employees•
retirement
system:
Chapter 41.40 RCW.
Termination date of benefits under subthis
section:
RCW
section
(3)
of
43.130.910.
43.130.050
~bi~IBILITY==CONDI!ION~
( 1)
Notwi tbstanding any other provision
of this chapter employees affected by the
closure of a state facility as defined in
RCW 43.130.020 (2) who were employed as of
May 1, 1973 at such facility, and who are
still in employment of the state or on an
official
leave of absence as of the
*effective date of this 1973 act who would
otherwise qualify for the enumerated benefits of this chapter are hereby declared
eligible
for such benefits under the
following conditions:
(a)
such employee must be actively employed by the state of Washington or on an
official leave of absence on the *effective date of this 1973 act, and unless the
early retirement or terminal pay provisions of this chapter are elected, continue to be employed or to be available for
employment in a same or like job classification at not less than one full range
lower than the same salary range for a
period of at least thirty days thereafter;
(b)
such employee must give written
notice of his election to avail himself of
436
TITLE 44
DIGEST FOR TITLE
-----------------------------------------------------------------------~---------------
such benefits within thirty days after the
•passage of this 1973 act or upon closure
of the institution, whichever is later.
[ 1973 2nd e'x. s. c 37 § 5. )
september 14, 1975.
§ 9. ]
Sections added, amended, or repealed:
44.04.040
44.04.050
cross Reference:
Employees to whom chapter is operative:
RCli 4 3. 13 0. 9 1 0.
44.04.060
44.04.090
43.130.060
litl~~~li§EMt!I OF g~I£ ~~=
PLOYEES 1 RETIREMENT SYSTEM. In order to
reimburse-the-public-employees• retirement
system for any increased costs occasioned
by the provisions of this chapter which
affect the retirement system, the public
employees• retirement board shall, within
thirty days of the date upon which any
affected employee elects to take advantage
of the retirement provisions of
this
chapter, determine the increased present
and future cost to the retirement system
of such employee's election.
Upon the
determina~ion of the amount
necessary to
offset said increased cost, the retirement
board shall bill the department of personnel for the amount of the increased cost:
PROVIDED, That such billing shall not
exceed eight hundred sixty-one thousand
dollars. such billing shall be paid by the
department as, and the same shall be, a
proper charge against any moneys availabl-e
or appropriated to the department for this
purpose. (1973 2nd ex.s. c 37 § 6.]
44.04.120
43.130.910
EMERGENCY--OPERATIVE
DAT~=llllil!ATJON Ql ]EN~FIIS:-This 1973
act is necessary for the immediate preservation of th~ public peace, health and
safety, the support of state government
and i~s existing public institutions and
shall take effect immediately:
PROVIDED
HOWEVER, That each of the provisions of
this 1973 act shall be operative and in
effect only for employees of those state
facilities closed after May 1,
1973 and
prior to September 14, 1974:
PROVIDED
FURTHER, That benefits under section 4 (3)
of this 1973 act shall be available until
1973 RCW SUPP.
Vouchers for pay and mileage of
members--Warrants.
Vouchers for pay of employees-Warrants.
Vouchers for incidental expenses--warrants.
warrants for subsistence and
lodging.
Members• allowances when engaged in committee business.
£~2£1~£ ~~~~§
~ggi§la1iyg ~udgg1 £Q!mi1=
te~~
44.28.086
44.28.087
£Q2£1§£
Management surveys--Reviews of
program goals and objectives,
performance audits to be
included.
Agencies to furnish committee
with performance reports, internal audits, etc.
~~~~Q
1ggi§ls!iyg Tran§£Qrta1iQll
Comi~~S.§!la.!;.~ 2nd Hoy§_g Illn-2=
£Or!21iQ~ 2ll£ Utili1i~.§ £Q~!i!=
1~es~
44.40.020
44.40.070
44.40.080
43.130.900
SEVERA~lb!IX=-1273
2ND
~~ £ 11~ If any provision of this 1973
act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the application of the
provision to other perscns or circumstances is not affected. (1973 2nd ex.s. c 37
§ 8. ]
37
TITLE 44
STATE GOVERNMENT--LEGISLATIVE
~~gyiser'§
ll2i2l
(1)
The effective
date of 1973 2nd ex.s. c 37 was Septembe~
26, 1973 due to the emergency clause
contained in section 9, codified herein as
RCII 43.130.910.
(2)
1973 2nd ex. s.
c 37
(Engrossed
substitute Senate Bill No. 2603) passed
the senate September 14, 1973, passed the
House September 13, 1973 and was approved
by the Governor September 26, 1973.
[ 1973 2nd ex.s. c
44.40.090
44.40.100
44.40.110
44.60.030
Powers, duties and studies.
State transportation agencies-Preparation of long range
plans, comprehensive programs
and financial plans requir~d.
State transportation agencies-Recommended budget--Preparation
and presentation--Contents.
Delegation of powers and duties
to senate and house transportation and utilities committees.
Contracts authorized.
Review and study of taxing
structure for transportation
programs and activities.
Boards of legislative ethics-Jurisdiction.
(See note.)
44.64.010-44.64.120, 44.64.900-44.64.930.
cross References:
Legislators as retired state employees
for insurance purposes: RCW 41.05.080.
Legislature, reports to, higher education assistance authority:
RCW
28B.17.170.
[ 437 )
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